Leases to Use the Public Facilities for Broadband Network Sample Clauses

Leases to Use the Public Facilities for Broadband Network. The Parties have identified certain existing Public Facilities to be utilized in the Project. The List of Public Facilities is set out in Exhibit G, which is attached hereto and incorporated herein, and may be amended throughout the term of this Agreement as agreed to by the Parties, and may be expanded to identify any additional Public Facilities designated as such by the Counties. Any facilities not listed in Exhibit G shall be deemed to be neither Public Facilities nor Public Broadband Towers for the purposes of this Agreement. Subject to the prior approval of the Board of Supervisors of each of Dinwiddie and Xxxxxx (individually for each Public Broadband Tower) and all Applicable Law, including, but not limited to, § 15.2-1800 et seq. of the Code of Virginia, as applicable, regulations, and ordinances, Dinwiddie and Xxxxxx agree to hold a public hearing (or public hearings) to consider granting to the Company a non-exclusive lease to use the Public Facilities (together with any appropriate amount of associated shelter space) located in Dinwiddie or Xxxxxx subject to any current agreements that such County has extended to other parties and that have been provided to Company on or prior to the Effective Date. In the event that the requisite approvals are not obtained through no fault of the Company, the Company shall not be deemed to be in Default of this Agreement to the extent that the denial of such approval directly causes the Company to fail to meet its obligations pursuant to this Agreement. Dinwiddie and Xxxxxx each agree to provide the Company copies of all such agreements currently existing with other parties, and any entered into during the Term (and any Renewal Terms if applicable) of this Agreement. Dinwiddie and Xxxxxx also agree to provide the Company with information regarding operating frequencies, antennae configuration and any information necessary (except for any proprietary information) for the Company to ensure its compliance with the non-interference provisions of this Agreement. This Agreement does not confer any rights other than those expressly provided herein and does not authorize the Company to occupy and use the public rights-of-way or other Public Facilities for any purposes other than as provided herein. Furthermore, the Company understands that its lease is limited by Section 6(u) and all other applicable terms and conditions in this Agreement.
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