Common use of Plan Approval, Permits, and Inspection Clause in Contracts

Plan Approval, Permits, and Inspection. 7.1 No Facilities shall be changed, installed, constructed, located on, or attached to any property within the City until Trucom has applied for and received approval for permits from the City Engineer. Trucom shall be solely responsible for any and all acts, errors, omissions and negligence of its Contractor(s) who are involved in the installation, construction, maintenance, repair, location, relocation and any other activity involving Trucom’s Facilities subject to this License and Agreement. Additionally, Trucom and its Contractor(s) shall comply with all other provisions of the Tempe City Code, including but not limited to Chapter 25 regarding off-site construction, Chapter 00 xxxxxxxxx xxxxxxx and sidewalks, and other applicable City and/or Maricopa County regulations. All rights hereunder are granted under the express condition that the City shall have the power at any time to impose lawful restrictions and limitations upon, and to make regulations as to Trucom’s use of the public ROW as may be deemed best for the public interest, safety, or welfare to the same extent that such restrictions and limitations are applied to all non-governmental users of the public ROW. 7.2 Trucom shall submit the applicable Permit Application(s) together with the details, plans and specifications for City review and approval, and pay all applicable application, review and inspection fees prior to any and all construction work performed pursuant to the rights granted under this Agreement. Trucom and/or its subcontractor(s) shall abide by all stipulations of all licenses and permits issued. If Trucom desires to change the location of any portion of the Conduit System(s) and/or Fiber Optic Network(s), including any related Facilities or equipment, from that set forth in the initial Permit Application, Trucom shall apply for and obtain approval for an amendment to the permit prior to installation or construction. 7.3 The City may issue reasonable policy guidelines to all licensees/users to establish procedures for determining how to control issuance of engineering permits to multiple licensees/users for the same one mile segments of their Facilities. Trucom agrees to cooperate with the City in establishing such policy and comply with the procedures established by the City Engineer or designee to coordinate the issuance of multiple engineering permits in the same one mile segments. 7.4 City will approve or deny such applications based on the availability of space at the location sought by Trucom, safety and other considerations in accordance with the City’s Code, applicable ROW construction regulations and other applicable law. Trucom and/or its subcontractor(s) agree to comply with the terms of any City-issued licenses and permits. 7.5 Any new Conduit or other Facilities placed in the ROW will be constructed using industry standard boring and trenching construction methods. Other material placed in the ground may include concrete manholes, generally 4x4x4, pull boxes/handholes (#7s and #9s) and HDPE couplings and elbows, fiber optic cable, splice cases, tracer wire, grounding material, mule tape, jet string and conduit plugs. Trucom and/or its subcontractor(s) will install any new Conduit and access points (manholes/pull boxes) using industry standard practices and in full compliance with Uniform Standard Specifications for Public Works Construction sponsored and distributed by the Maricopa Association of Governments as amended (hereinafter referred to as “MAG”), the City’s supplements to MAG, and the City of Tempe Utility Permit Manual. 7.6 The City shall have the right to inspect all construction or installation work performed subject to the provisions of this License and to make such tests as it shall find necessary to meet City standards as set forth in the City of Tempe Utility Permit and Construction Manual and the MAG Uniform Standard Specifications and Standard Details for Public Works Construction and the City of City Supplements thereto and to ensure compliance with the terms of this License and other pertinent provisions of law. 7.7 Trucom shall retain an independent tester to test all materials outlined by MAG and the City's supplements to MAG that are used in construction of the Conduit system(s) and/or Fiber Optic Network(s). The testing results will be sent to City directly and within 3 (three) business days of obtaining results. If the material tests indicate a failure, the testing firm shall notify Trucom and the City’s utility inspector within 24 hours of discovering the failure and Trucom shall contact the City’s utility inspector for direction prior to continuing the work. 7.8 Any new Conduit system(s) and/or Fiber Optic Network(s) shall be installed in multiple phases as agreed upon by Trucom and the City. If portions of this project will take place on the major arterial streets in City, Trucom and City will work to minimize the inconvenience to the citizens of City and others who use those major arterial streets impacted by the project by developing segments of the project to be completed in sequence. 7.9 Any Conduit systems and/or Fiber Optic Network(s) to be constructed, installed, operated and maintained under this Agreement shall be located or relocated so as to interfere as little as possible with traffic or other authorized uses over, under or through said streets and public ways. Trucom shall not install, operate, or allow the use of equipment, methodology or technology that may or would interfere with the optimum effective use or operation of City’s existing or future fire, emergency or other communications equipment, methodology or technology (i.e., voice or other data carrying receiving or transmitting equipment). If such interference should occur, Trucom shall immediately discontinue using the equipment, methodology or technology that causes the interference until Trucom takes corrective measures to alter the Fiber Optic Network(s) to eliminate such interference. Any such corrective measures shall be made at no cost to City. Trucom shall be responsible to ensure compliance with this Agreement by all persons using the ROW through or under Trucom or this Agreement.

Plan Approval, Permits, and Inspection. 7.1 No Facilities shall be changed, installed, constructed, located on, or attached to any property within the City until Trucom PAETEC has applied for and received approval for permits from the City Engineer. Trucom PAETEC shall be solely responsible for any and all acts, errors, omissions and negligence of its Contractor(s) who are involved in the installation, construction, maintenance, repair, location, relocation and any other activity involving TrucomPAETEC’s Facilities subject to this License and Agreement. Additionally, Trucom PAETEC and its Contractor(s) shall comply with all other provisions of the Tempe City Code, including but not limited to Chapter 25 regarding off-site construction, Chapter 00 xxxxxxxxx xxxxxxx and sidewalks, and other applicable City and/or Maricopa County regulations. All rights hereunder are granted under the express condition that the City shall have the power at any time to impose lawful restrictions and limitations upon, and to make regulations as to TrucomPAETEC’s use of the public ROW as may be deemed best for the public interest, safety, or welfare to the same extent that such restrictions and limitations are applied to all non-non- governmental users of the public ROW. 7.2 Trucom PAETEC shall submit the applicable Permit Application(s) together with the details, plans and specifications for City review and approval, and pay all applicable application, review and inspection fees prior to any and all construction work performed pursuant to the rights granted under this Agreement. Trucom PAETEC and/or its subcontractor(sContractor(s) shall abide by all stipulations of all licenses and permits issued. If Trucom PAETEC desires to change the location of any portion of the Conduit System(s) and/or Fiber Optic Network(s), including any related Facilities or equipment, from that set forth in the initial Permit Application, Trucom PAETEC shall apply for and obtain approval for an amendment to the permit prior to installation or construction. 7.3 The City may issue reasonable policy guidelines to all licensees/users to establish procedures for determining how to control issuance of engineering permits to multiple licensees/users for the same one mile segments of their Facilities. Trucom PAETEC agrees to cooperate with the City in establishing such policy and comply with the procedures established by the City Engineer or designee to coordinate the issuance of multiple engineering permits in the same one mile segments. 7.4 City will approve or deny such applications based on the availability of space at the location sought by TrucomPAETEC, safety and other considerations in accordance with the City’s Code, applicable ROW construction regulations and other applicable law. Trucom PAETEC and/or its subcontractor(sContractor(s) agree to comply with the terms of any City-issued licenses and permits. 7.5 Any new Conduit or other Facilities placed in the ROW will be constructed using industry standard boring and trenching construction methods. Other material placed in the ground may include concrete manholes, generally 4x4x4, pull boxes/handholes (#7s and #9s) and HDPE couplings and elbows, fiber optic cable, splice cases, tracer wire, grounding material, mule tape, jet string and conduit plugs. Trucom PAETEC and/or its subcontractor(sContractor(s) will install any new Conduit and access points (manholes/pull boxes) using industry standard practices and in full compliance with Uniform Standard Specifications for Public Works Construction sponsored and distributed by the Maricopa Association of Governments as amended (hereinafter referred to as “MAG”), the City’s supplements to MAG, and the City of Tempe Utility Permit Manual. 7.6 If PAETEC desires to change the components of any of the Fiber Optic Network, written approval of such change must be obtained from a representative of the City Engineer. 7.7 The City shall have the right to inspect all construction or installation work performed subject to the provisions of this License and to make such tests as it shall find necessary to meet City standards as set forth in the City of Tempe Utility Permit and Construction Manual and the MAG Uniform Standard Specifications and Standard Details for Public Works Construction and the City of City Tempe Supplements thereto and to ensure compliance with the terms of this License and other pertinent provisions of law. 7.7 Trucom shall retain an independent tester to test all materials outlined by MAG and the City's supplements to MAG that are used in construction of the Conduit system(s) and/or Fiber Optic Network(s). The testing results will be sent to City directly and within 3 (three) business days of obtaining results. If the material tests indicate a failure, the testing firm shall notify Trucom and the City’s utility inspector within 24 hours of discovering the failure and Trucom shall contact the City’s utility inspector for direction prior to continuing the work. 7.8 Any new Conduit system(s) and/or Fiber Optic Network(s) shall be installed in multiple phases as agreed upon by Trucom PAETEC and the City. If portions of this project will take place on the major arterial streets in City, Trucom PAETEC and City will work to minimize the inconvenience to the citizens of City and others who use those major arterial streets impacted by the project by developing segments of the project to be completed in sequence. 7.9 Any Conduit systems and/or Fiber Optic Network(s) to be constructed, installed, operated and maintained under this Agreement shall be located or relocated so as to interfere as little as possible with traffic or other authorized uses over, under or through said streets and public ways. Trucom PAETEC shall not install, operate, or allow the use of equipment, methodology or technology that may or would interfere with the optimum effective use or operation of City’s existing or future fire, emergency or other communications equipment, methodology or technology (i.e., voice or other data carrying receiving or transmitting equipment). If such interference should occur, Trucom PAETEC shall immediately discontinue using the equipment, methodology or technology that causes the interference until Trucom PAETEC takes corrective measures to alter the Fiber Optic Network(s) to eliminate such interference. Any such corrective measures shall be made at no cost to City. Trucom PAETEC shall be responsible to ensure compliance with this Agreement by all persons using the ROW through or under Trucom PAETEC or this Agreement.

Plan Approval, Permits, and Inspection. 7.1 No Facilities shall be changed, installed, constructed, located on, or attached to any property within the City ROW, public utility easements and/or any other easements dedicated to the City until Trucom XO has applied for and received approval for permits from the City Engineer. Trucom XO shall be solely responsible for any and all acts, errors, omissions and negligence of its Contractor(s) who are involved in the installation, construction, maintenance, repair, location, relocation and any other activity involving TrucomXO’s Facilities subject to this License and Agreement. Additionally, Trucom XO and its Contractor(s) shall comply with all other provisions of the Tempe City Code, including but not limited to Chapter 25 regarding off-site construction, Chapter 00 xxxxxxxxx xxxxxxx and sidewalks, and other applicable City and/or Maricopa County regulations. All rights hereunder are granted under the express condition that the City shall have the power at any time to impose lawful restrictions and limitations upon, and to make regulations as to TrucomXO’s use of the public ROW as may be deemed best for the public interest, safety, or welfare to the same extent that such restrictions and limitations are applied to all non-governmental users of the public ROW. 7.2 Trucom XO shall submit the applicable Permit Application(s) together with the details, plans and specifications for City review and approval, and pay all applicable application, review and inspection fees prior to any and all construction work performed pursuant to the rights granted under this Agreement. Trucom XO and/or its subcontractor(sContractor(s) shall abide by all stipulations of all licenses and permits issued. If Trucom XO desires to change the location of any portion of the Conduit System(s) and/or Fiber Optic Network(s), including any related Facilities or equipment, from that set forth in the initial Permit Application, Trucom XO shall apply for and obtain approval for an amendment to the permit prior to installation or construction. 7.3 The City may issue reasonable policy guidelines to all licensees/users to establish procedures for determining how to control issuance of engineering permits to multiple licensees/users for the same one mile segments of their Facilities. Trucom XO agrees to cooperate with the City in establishing such policy and comply with the procedures established by the City Engineer or designee to coordinate the issuance of multiple engineering permits in the same one mile segments. 7.4 City will approve or deny such applications based on the availability of space at the location sought by TrucomXO, safety and other considerations in accordance with the City’s Code, applicable ROW construction regulations and other applicable law. Trucom XO and/or its subcontractor(sContractor(s) agree to comply with the terms of any City-issued licenses and permits. 7.5 Any new Conduit or other Facilities placed in the ROW will be constructed using industry standard boring horizontal directional drilling and trenching construction methods. Other material placed in the ground may include concrete manholes, generally 4x4x4, pull boxes/handholes (#7s and #9s) and HDPE couplings and elbows, fiber optic cable, splice cases, tracer wire, grounding material, mule tape, jet string and conduit plugs. Trucom XO and/or its subcontractor(sContractor(s) will install any new Conduit and access points (manholes/pull boxes) using industry standard practices and in full compliance with Uniform Standard Specifications and Details for Public Works Construction sponsored and distributed by the Maricopa Association of Governments as amended (hereinafter referred to as “MAG”), the City’s supplements to MAG, and the City of Tempe Utility Permit and Construction Manual. 7.6 [Intentionally deleted.] 7.7 The City shall have the right to inspect all construction or installation work performed subject to the provisions of this License and to make such tests as it shall find necessary to meet City standards as set forth in the City of Tempe Utility Permit and Construction Manual and the MAG Uniform Standard Specifications and Standard Details for Public Works Construction and the City of City Supplements thereto and to ensure compliance with the terms of this License and other pertinent provisions of law. 7.7 Trucom shall retain an independent tester to test all materials outlined by MAG and the City's supplements to MAG that are used in construction of the Conduit system(s) and/or Fiber Optic Network(s). The testing results will be sent to City directly and within 3 (three) business days of obtaining results. If the material tests indicate a failure, the testing firm shall notify Trucom and the City’s utility inspector within 24 hours of discovering the failure and Trucom shall contact the City’s utility inspector for direction prior to continuing the work. 7.8 Any new Conduit system(s) and/or Fiber Optic Network(s) shall be installed in multiple phases as agreed upon by Trucom XO and the City. If portions of this project will take place on the major arterial streets in City, Trucom XO and City will work to minimize the inconvenience to the citizens of City and others who use those major arterial streets impacted by the project by developing segments of the project to be completed in sequence. 7.9 Any Conduit systems and/or Fiber Optic Network(s) to be constructed, installed, operated and maintained under this Agreement shall be located or relocated so as to interfere as little as possible with traffic traffic, existing utilities or other authorized uses over, under or through said streets and public ways. Trucom XO shall not install, operate, or allow the use of equipment, methodology or technology that may or would interfere with the optimum effective use or operation of City’s existing or future fire, emergency or other communications equipment, methodology or technology (i.e., voice or other data carrying receiving or transmitting equipment). If such interference should occur, Trucom XO shall immediately discontinue using the equipment, methodology or technology that causes the interference until Trucom XO takes corrective measures to alter the Fiber Optic Network(s) to eliminate such interference. Any such corrective measures shall be made at no cost to City. Trucom XO shall be responsible to ensure compliance with this Agreement by all persons using the ROW through or under Trucom XO or this Agreement.

Plan Approval, Permits, and Inspection. 7.1 No Facilities shall be changed, installed, constructed, located on, or attached to any property within the City ROW, public utility easements and any other easements dedicated to the City until Trucom AT&T has applied for and received approval for permits from the City Engineer. Trucom AT&T shall be solely responsible for any and all acts, errors, omissions and negligence of its Contractor(s) who are involved in the installation, construction, maintenance, repair, location, relocation and any other activity involving TrucomAT&T’s Facilities subject to this License and Agreement. Additionally, Trucom AT&T and its Contractor(s) shall comply with all other provisions of the Tempe City Code, including but not limited to Chapter 25 regarding off-site construction, Chapter 00 xxxxxxxxx xxxxxxx and sidewalks, and other applicable City and/or Maricopa County regulations. All rights hereunder are granted under the express condition that the City shall have the power at any time to impose lawful restrictions and limitations upon, and to make regulations as to TrucomAT&T’s use of the public ROW as may be deemed best for the public interest, safety, or welfare to the same extent that such restrictions and limitations are applied to all non-non- governmental users of the public ROW. 7.2 Trucom AT&T shall submit the applicable Permit Application(s) together with the details, plans and specifications for City review and approval, and pay all applicable application, review and inspection fees prior to any and all construction work performed pursuant to the rights granted under this Agreement. Trucom AT&T and/or its subcontractor(sContractor(s) shall abide by all stipulations of all licenses and permits issued. If Trucom AT&T desires to change the location of any portion of the Conduit System(s) and/or Fiber Optic Network(s), including any related Facilities or equipment, from that set forth in the initial Permit Application, Trucom AT&T shall apply for and obtain approval for an amendment to the permit prior to installation or construction. 7.3 The City may issue reasonable policy guidelines to all licensees/users to establish procedures for determining how to control issuance of engineering permits to multiple licensees/users for the same one mile segments of their Facilities. Trucom AT&T agrees to cooperate with the City in establishing such policy and comply with the procedures established by the City Engineer or designee to coordinate the issuance of multiple engineering permits in the same one mile segments. 7.4 City will approve or deny such applications based on the availability of space at the location sought by TrucomAT&T, safety and other considerations in accordance with the City’s Code, applicable ROW construction regulations and other applicable law. Trucom AT&T and/or its subcontractor(sContractor(s) agree to comply with the terms of any City-issued licenses and permits. 7.5 Any new Conduit or other Facilities placed in the ROW will be constructed using industry standard boring and trenching construction methods. Other material placed in the ground may include concrete manholes, generally 4x4x4, pull boxes/handholes (#7s and #9s) and HDPE couplings and elbows, fiber optic cable, splice cases, tracer wire, grounding material, mule tape, jet string and conduit plugs. Trucom AT&T and/or its subcontractor(sContractor(s) will install any new Conduit and access points (manholes/pull boxes) using industry standard practices and in full compliance with Uniform Standard Specifications for Public Works Construction sponsored and distributed by the Maricopa Association of Governments as amended (hereinafter referred to as “MAG”), the City’s supplements to MAG, and the City of Tempe Utility and Construction Permit Manual. 7.6 The City shall have the right to inspect all construction or installation work performed subject to the provisions of this License and to make such tests as it shall find necessary to meet City standards as set forth in the City of Tempe Utility Permit and Construction Manual and the MAG Uniform Standard Specifications and Standard Details for Public Works Construction and the City of City Supplements thereto and to ensure compliance with the terms of this License and other pertinent provisions of law. 7.7 Trucom shall retain an independent tester to test all materials outlined by MAG and the City's supplements to MAG that are used in construction of the Conduit system(s) and/or Fiber Optic Network(s). The testing results will be sent to City directly and within 3 (three) business days of obtaining results. If the material tests indicate a failure, the testing firm shall notify Trucom and the City’s utility inspector within 24 hours of discovering the failure and Trucom shall contact the City’s utility inspector for direction prior to continuing the work. 7.8 Any new Conduit system(s) and/or Fiber Optic Network(s) shall be installed in multiple phases as agreed upon by Trucom AT&T and the City. If portions of this project will take place on the major arterial streets in City, Trucom AT&T and City will work to minimize the inconvenience to the citizens of City and others who use those major arterial streets impacted by the project by developing segments of the project to be completed in sequence. 7.9 7.8 Any Conduit systems and/or Fiber Optic Network(s) to be constructed, installed, operated operated, removed and maintained under this Agreement shall be located or relocated so as to interfere as little as possible with traffic or other authorized uses over, under or through said streets and public ways. Trucom AT&T shall not install, operate, or allow the use of equipment, methodology or technology that may or would interfere with the optimum effective use or operation of City’s existing or future fire, emergency or other communications equipment, methodology or technology (i.e., voice or other data carrying receiving or transmitting equipment). If such interference should occur, Trucom AT&T shall immediately discontinue using the equipment, methodology or technology that causes the interference until Trucom AT&T takes corrective measures to alter the Fiber Optic Network(s) to eliminate such interference. Any such corrective measures shall be made at no cost to City. Trucom AT&T shall be responsible to ensure compliance with this Agreement by all persons using the ROW through or under Trucom AT&T or this Agreement.

Plan Approval, Permits, and Inspection. 7.1 No Facilities shall be changed, installed, constructed, located on, or attached to any property within the City until Trucom MCI has applied for and received approval for permits from the City Engineer. Trucom MCI shall be solely responsible for any and all acts, errors, omissions and negligence of its Contractor(s) Contractors who are involved in the installation, construction, maintenance, repair, location, relocation and any other activity involving TrucomMCI’s Facilities subject to this License and Agreement. Additionally, Trucom MCI and its Contractor(s) Contractors shall comply with all other provisions of the Tempe City Code, including including, but not limited to to, Chapter 25 regarding off-site construction, Chapter 00 xxxxxxxxx xxxxxxx and sidewalks, and other applicable City and/or Maricopa County regulations. All rights hereunder are granted under the express condition that the City shall have the power at any time to impose lawful restrictions and limitations upon, and to make regulations as to TrucomMCI’s use of the public ROW as may be deemed best for the public interest, safety, or welfare to the same extent that such restrictions and limitations are applied to all non-governmental users of the public ROW. 7.2 Trucom MCI shall submit the applicable Permit Application(s) together with the details, plans and specifications for City review and approval, and pay all applicable application, review and inspection fees prior to any and all construction work performed pursuant to the rights granted under this Agreement. Trucom MCI and/or its subcontractor(s) Contractors shall abide by all stipulations of all licenses and permits issued. If Trucom MCI desires to change the location of any portion of the Conduit System(s) and/or Fiber Optic Network(s), including any related Facilities or equipment, from that set forth in the initial Permit Application, Trucom MCI shall apply for and obtain approval for an amendment to the permit prior to installation or construction, which approval shall not be unreasonably withheld or delayed, subject to the provisions of Section 7.4. 7.3 The City may issue reasonable policy guidelines to all licensees/users of the ROW to establish procedures for determining how to control issuance of engineering permits to multiple licensees/users for the same one mile segments of their Facilities. Trucom MCI agrees to cooperate with the City in establishing such policy and to comply with the procedures established by the City Engineer or designee to coordinate the issuance of multiple engineering permits in the same one mile segments. 7.4 City will approve or deny such applications based on the availability of space at the location sought by TrucomMCI, safety and other considerations in accordance with the City’s Code, applicable ROW construction regulations and other applicable law. Trucom MCI and/or its subcontractor(sContractor(s) agree to comply with the terms of any City-issued licenses and permits. 7.5 Any new Conduit or other Facilities placed in the ROW will be constructed using industry standard boring and trenching construction methods. Other material placed in the ground may include concrete manholes, generally 4x4x4, pull boxes/handholes (#7s and #9s) and HDPE couplings and elbows, fiber optic cable, splice cases, tracer wire, grounding material, mule tape, jet string and conduit plugs. Trucom MCI and/or its subcontractor(s) Contractors will install any new Conduit and access points (manholes/pull boxes) using industry standard practices and in full compliance with Uniform Standard Specifications for Public Works Construction sponsored and distributed by the Maricopa Association of Governments as amended (hereinafter referred to as “MAG”), the City’s supplements to MAG, and the City of Tempe Utility Permit and Construction Manual. 7.6 If MCI desires to change the components of any of the Fiber Optic Network(s), written approval, which shall not be unreasonably withheld or denied, of such change must be obtained from a representative of the City Engineer. 7.7 The City shall have the right to inspect all construction or installation work performed subject to the provisions of this License and to make such tests as it shall find necessary to meet City standards as set forth in the City of Tempe Utility Permit and Construction Manual and the MAG Uniform Standard Specifications and Standard Details for Public Works Construction and the any and all applicable City of City Tempe Supplements thereto and to ensure compliance with the terms of this License and other pertinent provisions of law. 7.7 Trucom shall retain an independent tester to test all materials outlined by MAG and the City's supplements to MAG that are used in construction of the Conduit system(s) and/or Fiber Optic Network(s). The testing results will be sent to City directly and within 3 (three) business days of obtaining results. If the material tests indicate a failure, the testing firm shall notify Trucom and the City’s utility inspector within 24 hours of discovering the failure and Trucom shall contact the City’s utility inspector for direction prior to continuing the work. 7.8 Any new Conduit system(sSystem(s) and/or Fiber Optic Network(s) shall be installed in multiple phases as agreed upon by Trucom MCI and the City. If portions of this a project will take place on the major arterial streets in City, Trucom MCI and City will work to minimize the inconvenience to the citizens of City and others who use those major arterial streets impacted by the project by developing segments of the project to be completed in sequence. 7.9 Any Conduit systems Systems and/or Fiber Optic Network(s) to be constructed, installed, operated operated, repaired, and maintained under this Agreement shall be located or relocated so as to interfere as little as possible with traffic or other authorized uses over, under or through said streets and public ways. Trucom MCI shall not install, operate, or allow the use of equipmentEquipment, methodology or technology that may or would interfere with the optimum effective use or operation of City’s existing or future fire, emergency or other communications equipment, methodology or technology (i.e., voice or other data carrying receiving or transmitting equipment). If such interference should occur, Trucom MCI shall immediately discontinue using the equipmentEquipment, methodology or technology that causes the interference until Trucom MCI takes corrective measures to alter the Fiber Optic Network(s) to eliminate such interference. Any such corrective measures shall be made at no cost to City. Trucom MCI shall be responsible to ensure compliance with this Agreement by all persons using the ROW through any or under Trucom or this Agreementall of MCI’s Conduit Systems.

Plan Approval, Permits, and Inspection. 7.1 No Facilities shall be changed, installed, constructed, located on, or attached to any property within the City ROW until Trucom XXX has applied for and received approval for permits from the City Engineer. Trucom XXX shall be solely responsible for any and all acts, errors, omissions and negligence of its Contractor(s) Contractors who are involved in the installation, construction, maintenance, repair, location, relocation and any other activity involving TrucomELI’s Facilities subject to this License and Agreement. Additionally, Trucom XXX and its Contractor(s) Contractors shall comply with all other provisions of the Tempe City Code, including including, but not limited to to, Chapter 25 regarding off-site construction, Chapter 00 xxxxxxxxx xxxxxxx and sidewalks, and other applicable City and/or Maricopa County regulations. All rights hereunder are granted under the express condition that the City shall have the power at any time to impose lawful restrictions and limitations upon, and to make regulations as to TrucomELI’s use of the public ROW as may be deemed best for the public interest, safety, or welfare to the same extent that such restrictions and limitations are applied to all non-non- governmental users of the public ROW. 7.2 Trucom XXX shall submit the applicable Permit Application(s) together with the details, plans and specifications for City review and approval, and pay all applicable application, review and inspection fees prior to any and all construction work performed pursuant to the rights granted under this Agreement. Trucom XXX and/or its subcontractor(s) Contractors shall abide by all stipulations of all licenses and permits issued. If Trucom XXX desires to change the location of any portion of the Conduit System(s) and/or Fiber Optic Network(s), including any related Facilities or equipment, from that set forth in the initial Permit Application, Trucom XXX shall apply for and obtain approval for an amendment to the permit prior to installation or construction, which approval shall not be unreasonably withheld or delayed, subject to the provisions of Section 7.4. 7.3 The City may issue reasonable policy guidelines to all licensees/users of the ROW to establish procedures for determining how to control issuance of engineering permits to multiple licensees/users for the same one mile segments of their Facilities. Trucom XXX agrees to cooperate with the City in establishing such policy and to comply with the procedures established by the City Engineer or designee to coordinate the issuance of multiple engineering permits in the same one mile segments. 7.4 City will approve or deny such applications based on the availability of space at the location sought by TrucomXXX, safety and other considerations in accordance with the City’s Code, applicable ROW construction regulations and other applicable law. Trucom XXX and/or its subcontractor(sContractor(s) agree to comply with the terms of any City-issued licenses and permits. 7.5 Any new Conduit or other Facilities placed in the ROW will be constructed using industry standard boring and trenching construction methods. Other material placed in the ground may include concrete manholes, generally 4x4x4, pull boxes/handholes (#7s and #9s) and HDPE couplings and elbows, fiber optic cable, splice cases, tracer wire, grounding material, mule tape, jet string and conduit plugs. Trucom XXX and/or its subcontractor(s) Contractors will install any new Conduit and access points (manholes/pull boxes) using industry standard practices and in full compliance with Uniform Standard Specifications for Public Works Construction sponsored and distributed by the Maricopa Association of Governments as amended (hereinafter referred to as “MAG”), the City’s supplements to MAG, and the City of Tempe Utility Permit and Construction Manual. 7.6 The City shall have the right to inspect all construction or installation work performed subject to the provisions of this License and to make such tests as it shall find necessary to meet City standards as set forth in the City of Tempe Utility Permit and Construction Manual and the MAG Uniform Standard Specifications and Standard Details for Public Works Construction and the City of City Supplements thereto and to ensure compliance with the terms of this License and other pertinent provisions of law. 7.7 Trucom shall retain an independent tester to test all materials outlined by MAG and the City's supplements to MAG that are used in construction of the Conduit system(s) and/or Fiber Optic Network(s). The testing results will be sent to City directly and within 3 (three) business days of obtaining results. If the material tests indicate a failure, the testing firm shall notify Trucom and the City’s utility inspector within 24 hours of discovering the failure and Trucom shall contact the City’s utility inspector for direction prior to continuing the work. 7.8 Any new Conduit system(s) and/or Fiber Optic Network(s) shall be installed in multiple phases as agreed upon by Trucom XXX and the City. If portions of this a project will take place on the major arterial streets in City, Trucom XXX and City will work to minimize the inconvenience to the citizens of City and others who use those major arterial streets impacted by the project by developing segments of the project to be completed in sequence. 7.9 7.8 Any Conduit systems and/or Fiber Optic Network(s) to be constructed, installed, operated operated, repaired, and maintained under this Agreement shall be located or relocated so as to interfere as little as possible with traffic or other authorized uses over, under or through said streets and public ways. Trucom XXX shall not install, operate, or allow the use of equipmentEquipment, methodology or technology that may or would interfere with the optimum effective use or operation of City’s existing or future fire, emergency or other communications equipment, methodology or technology (i.e., voice or other data carrying receiving or transmitting equipment). If such interference should occur, Trucom XXX shall immediately discontinue using the equipmentEquipment, methodology or technology that causes the interference until Trucom XXX takes corrective measures to alter the Fiber Optic Network(s) to eliminate such interference. Any such corrective measures shall be made at no cost to City. Trucom XXX shall be responsible to ensure compliance with this Agreement by all persons using the ROW through any or under Trucom or this Agreementall of ELI’s Conduit System.

Plan Approval, Permits, and Inspection. 7.1 5.1 No Facilities shall be changed, installed, constructed, located on, or attached to any property within the City until Trucom Company has applied for and received approval for permits from the City Engineer. Trucom Company shall be solely responsible for any and all acts, errors, omissions and negligence of its Contractor(s) who are involved in the installation, construction, maintenance, repair, location, relocation and any other activity involving TrucomCompany’s Facilities subject to this License and Agreement. Additionally, Trucom Company and its Contractor(s) shall comply with all other provisions of the Tempe City Code, including but not limited to Chapter 25 regarding off-site constructionconstruction and undergrounding requirements, Chapter 00 xxxxxxxxx xxxxxxx and sidewalks, and other applicable City and/or Maricopa County regulations. All rights hereunder are granted under the express condition that the City shall have the power at any time to impose lawful restrictions and limitations upon, and to make regulations as to TrucomCompany’s use of the public ROW as may be deemed best for the public interest, safety, or welfare to the same extent that such restrictions and limitations are applied to all non-governmental users of the public ROW. 7.2 Trucom 5.2 Company shall submit the applicable Permit Application(spermit application(s) together with the details, plans and specifications for City review and approval, and pay all applicable application, review and inspection fees prior to any and all construction work performed pursuant to the rights granted under this Agreement. Trucom Company and/or its subcontractor(sContractor(s) shall abide by all stipulations of all licenses and permits issued. If Trucom Company desires to change the location of any portion of the Conduit System(s) and/or Fiber Optic Network(s)Interactive Kiosk, including any related Facilities or equipment, from that set forth in the initial Permit Applicationpermit application, Trucom Company shall apply for and obtain approval for an amendment to the permit prior to installation or construction. 7.3 The City may issue reasonable policy guidelines to all licensees/users to establish procedures for determining how to control issuance of engineering permits to multiple licensees/users for the same one mile segments of their Facilities. Trucom agrees to cooperate with the City in establishing such policy and comply with the procedures established by the City Engineer or designee to coordinate the issuance of multiple engineering permits in the same one mile segments. 7.4 5.3 City will approve or deny such applications based on the availability of space at the location sought by TrucomCompany, safety and other considerations in accordance with the City’s Code, applicable ROW construction regulations and other applicable law. Trucom Company and/or its subcontractor(sContractor(s) agree to shall comply with the terms of any City-issued licenses and permits. 7.5 5.4 Any new Conduit or other Facilities underground facilities placed in the ROW will be constructed using industry standard boring horizontal directional drilling and trenching construction methods. Other material placed in the ground may include concrete manholes, generally 4x4x4, pull boxes/handholes (#7s and #9s) and HDPE couplings and elbows, fiber optic cable, splice cases, tracer wire, grounding material, mule tape, jet string and conduit plugs. Trucom Company and/or its subcontractor(sContractor(s) installations will install any new Conduit and access points (manholes/pull boxes) be done using industry standard practices and in full compliance with Uniform Standard Specifications and Details for Public Works Construction sponsored and distributed by the Maricopa Association of Governments as amended (hereinafter referred to as “MAG”), the City’s supplements to MAG, and the City of Tempe Utility Permit and Construction Manual. 7.6 5.5 If Company desires to change the components of the Interactive kiosks that will impact the ROW, written approval of such change must be obtained from a representative of the City Engineer. 5.6 The City shall have the right to inspect all construction or installation work performed subject to the provisions of this License Agreement and to make such tests as it shall find necessary to meet City standards as set forth in the City of Tempe Utility Permit and Construction Manual and the MAG Uniform Standard Specifications and Standard Details for Public Works Construction and the City of City Tempe Supplements thereto and to ensure compliance with the terms of this License Agreement and other pertinent provisions of law. 7.7 Trucom 5.7 Company shall retain an independent tester to test all materials outlined by MAG comply with the City of Tempe Utility Permit and Construction Manual and the City's supplements to MAG that are used in construction of the Conduit system(s) and/or Fiber Optic Network(s). The testing results will be sent to City directly Uniform Standard Specifications and within 3 (three) business days of obtaining results. If the material tests indicate a failure, the testing firm shall notify Trucom Details for Public Works Construction and the City’s utility inspector within 24 hours of discovering Supplements thereto. In the failure event that a street opening in new pavement or resurfaced pavement cannot be avoided, Company agrees to pay a surcharge fee to cover damages and Trucom early deterioration will be assessed for cutting new or resurfaced pavements less than seven years old as per Tempe City Code Section 29-19 and Appendix A. 5.8 Company shall also provide and identify a representative, such as a project manager, who shall be the contact person for the City’s utility inspector for direction prior to continuing the workCity during any construction periods. 7.8 Any new Conduit system(s5.9 Prior to the start of any construction work, Company shall notify all adjacent or affected residents or businesses at least forty-eight (48) and/or Fiber Optic Network(s) hours in advance of any street, alley, sidewalk, and driveway closures and make suitable arrangements to have all vehicles moved to a satisfactory location outside the closed area. 5.9.1 If an emergency requires activity without such written notice, Company shall use reasonable best efforts to provide timely actual notice to the owners or other persons having lawful control of the adjoining property. Upon request, Company shall promptly furnish to City documentation of such permission from such other affected property owner. 5.10 Whenever Company or its Contractors shall cause any opening or alteration to be made for any purpose in any public streets, or public places, the opening or alteration shall be installed in multiple phases as agreed completed and restored with due diligence within seven (7) business days. Company shall upon the completion of the opening or alteration, restore the property, improvements or landscaping disturbed by Trucom Company or its Contractors to a condition substantially comparable to the condition before the opening or alteration and the City. If portions of this project will take place on the major arterial streets in City, Trucom and City will work to minimize the inconvenience to the citizens of City and others who use those major arterial streets impacted by the project by developing segments of the project to be completed in sequence. 7.9 Any Conduit systems and/or Fiber Optic Network(s) to be constructed, installed, operated and maintained under this Agreement restoration shall be located or relocated so as to interfere as little as possible performed with traffic or other authorized uses over, under or through said streets and public ways. Trucom shall not install, operate, or allow the use of equipment, methodology or technology that may or would interfere with the optimum effective use or operation of City’s existing or future fire, emergency or other communications equipment, methodology or technology (i.e., voice or other data carrying receiving or transmitting equipment). If such interference should occur, Trucom shall immediately discontinue using the equipment, methodology or technology that causes the interference until Trucom takes corrective measures to alter the Fiber Optic Network(s) to eliminate such interference. Any such corrective measures shall be made at no cost to City. Trucom shall be responsible to ensure compliance with this Agreement by all persons using the ROW through or under Trucom or this Agreementdue diligence within a reasonably prompt time.

Plan Approval, Permits, and Inspection. 7.1 No Facilities shall be changed, installed, constructed, located on, or attached to any property within the City until Trucom PAETEC has applied for and received approval for permits from the City Engineer. Trucom PAETEC shall be solely responsible for any and all acts, errors, omissions and negligence of its Contractor(ssubcontractor(s) who are involved in the installation, construction, maintenance, repair, location, relocation and any other activity involving TrucomPAETEC’s Facilities subject to this License and Agreement. Additionally, Trucom PAETEC and its Contractor(ssubcontractor(s) shall comply with all other provisions of the Tempe City Code, including but not limited to Chapter 25 regarding off-site construction, Chapter 00 xxxxxxxxx xxxxxxx and sidewalks, and other applicable City and/or Maricopa County regulations. All rights hereunder are granted under the express condition that the City shall have the power at any time to impose lawful restrictions and limitations upon, and to make regulations as to TrucomPAETEC’s use of the public ROW as may be deemed best for the public interest, safety, or welfare to the same extent that such restrictions and limitations are applied to all non-governmental users of the public ROW. 7.2 Trucom PAETEC shall submit the applicable Permit Application(s) together with the details, plans and specifications for City review and approval, and pay all applicable application, review and inspection fees prior to any and all construction work performed pursuant to the rights granted under this Agreement. Trucom PAETEC and/or its subcontractor(s) shall abide by all stipulations of all licenses and permits issued. If Trucom PAETEC desires to change the location of any portion of the Conduit System(s) and/or Fiber Optic Network(s), including any related Facilities or equipment, from that set forth in the initial Permit Application, Trucom PAETEC shall apply for and obtain approval for an amendment to the permit prior to installation or construction. 7.3 The City may issue reasonable policy guidelines to all licensees/users to establish procedures for determining how to control issuance of engineering permits to multiple licensees/users for the same one mile segments of their Facilities. Trucom PAETEC agrees to cooperate with the City in establishing such policy and comply with the procedures established by the City Engineer or designee to coordinate the issuance of multiple engineering permits in the same one mile segments. 7.4 City will approve or deny such applications based on the availability of space at the location sought by TrucomPAETEC, safety and other considerations in accordance with the City’s Code, applicable ROW construction regulations and other applicable law. Trucom PAETEC and/or its subcontractor(s) agree to comply with the terms of any City-issued licenses and permits. 7.5 Any new Conduit or other Facilities placed in the ROW will be constructed using industry standard boring and trenching construction methods. Other material placed in the ground may include concrete manholes, generally 4x4x4, pull boxes/handholes (#7s and #9s) and HDPE couplings and elbows, fiber optic cable, splice cases, tracer wire, grounding material, mule tape, jet string and conduit plugs. Trucom PAETEC and/or its subcontractor(s) will install any new Conduit and access points (manholes/pull boxes) using industry standard practices and in full compliance with Uniform Standard Specifications for Public Works Construction sponsored and distributed by the Maricopa Association of Governments as amended (hereinafter referred to as “MAG”), the City’s supplements to MAG, and the City of Tempe Utility Permit Manual. 7.6 If PAETEC desires to change the components of any of the Fiber Optic Network, written approval of such change must be obtained from a representative of the City Engineer. 7.7 The City shall have the right to inspect all construction or installation work performed subject to the provisions of this License and to make such tests as it shall find necessary to meet City standards as set forth in the City of Tempe Utility Permit and Construction Manual and the MAG Uniform Standard Specifications and Standard Details for Public Works Construction and the City of City Supplements thereto and to ensure compliance with the terms of this License and other pertinent provisions of law. 7.7 Trucom 7.8 PAETEC shall retain an independent tester to test all materials outlined by MAG and the City's supplements to MAG that are used in construction of the Conduit system(s) and/or Fiber Optic Network(s). The testing results will be sent to City directly and within 3 (three) business days of obtaining results. If the material tests indicate a failure, the testing firm shall notify Trucom PAETEC and the City’s utility inspector within 24 hours of discovering the failure and Trucom PAETEC shall contact the City’s utility inspector for direction prior to continuing the work. 7.8 7.9 Any new Conduit system(s) and/or Fiber Optic Network(s) shall be installed in multiple phases as agreed upon by Trucom PAETEC and the City. If portions of this project will take place on the major arterial streets in City, Trucom PAETEC and City will work to minimize the inconvenience to the citizens of City and others who use those major arterial streets impacted by the project by developing segments of the project to be completed in sequence. 7.9 7.10 Any Conduit systems and/or Fiber Optic Network(s) to be constructed, installed, operated and maintained under this Agreement shall be located or relocated so as to interfere as little as possible with traffic or other authorized uses over, under or through said streets and public ways. Trucom PAETEC shall not install, operate, or allow the use of equipment, methodology or technology that may or would interfere with the optimum effective use or operation of City’s existing or future fire, emergency or other communications equipment, methodology or technology (i.e., voice or other data carrying receiving or transmitting equipment). If such interference should occur, Trucom PAETEC shall immediately discontinue using the equipment, methodology or technology that causes the interference until Trucom PAETEC takes corrective measures to alter the Fiber Optic Network(s) to eliminate such interference. Any such corrective measures shall be made at no cost to City. Trucom PAETEC shall be responsible to ensure compliance with this Agreement by all persons using the ROW through or under Trucom PAETEC or this Agreement.

Plan Approval, Permits, and Inspection. 7.1 No Facilities shall be changed, installed, constructed, located on, or attached to any property within the City until Trucom Alluvion has applied for and received approval for permits from the City Engineer. Trucom Alluvion shall be solely responsible for any and all acts, errors, omissions and negligence of its Contractor(s) who are involved in the installation, construction, maintenance, repair, location, relocation and any other activity involving TrucomAlluvion’s Facilities subject to this License and Agreement. Additionally, Trucom Alluvion and its Contractor(s) shall comply with all other provisions of the Tempe City Code, including but not limited to Chapter 25 regarding off-site construction, Chapter 00 xxxxxxxxx xxxxxxx and sidewalks, and other applicable City and/or Maricopa County regulations. All rights hereunder are granted under the express condition that the City shall have the power at any time to impose lawful restrictions and limitations upon, and to make regulations as to TrucomAlluvion’s use of the public ROW as may be deemed best for the public interest, safety, or welfare to the same extent that such restrictions and limitations are applied to all non-non- governmental users of the public ROW. 7.2 Trucom Alluvion shall submit the applicable Permit Application(s) together with the details, plans and specifications for City review and approval, and pay all applicable application, review and inspection fees prior to any and all construction work performed pursuant to the rights granted under this Agreement. Trucom Alluvion and/or its subcontractor(sContractor(s) shall abide by all stipulations of all licenses and permits issued. If Trucom Alluvion desires to change the location of any portion of the Conduit System(s) and/or Fiber Optic Network(s), including any related Facilities or equipment, from that set forth in the initial Permit Application, Trucom Alluvion shall apply for and obtain approval for an amendment to the permit prior to installation or construction. 7.3 The City may issue reasonable policy guidelines to all licensees/users to establish procedures for determining how to control issuance of engineering permits to multiple licensees/users for the same one mile segments of their Facilities. Trucom Alluvion agrees to cooperate with the City in establishing such policy and comply with the procedures established by the City Engineer or designee to coordinate the issuance of multiple engineering permits in the same one mile segments. 7.4 City will approve or deny such applications based on the availability of space at the location sought by TrucomAlluvion, safety and other considerations in accordance with the City’s Code, applicable ROW construction regulations and other applicable law. Trucom Alluvion and/or its subcontractor(sContractor(s) agree to comply with the terms of any City-issued licenses and permits. 7.5 Any new Conduit or other Facilities placed in the ROW will be constructed using industry standard boring horizontal directional drilling and trenching construction methods. Other material placed in the ground may include concrete manholes, generally 4x4x4, pull boxes/handholes (#7s and #9s) and HDPE couplings and elbows, fiber optic cable, splice cases, tracer wire, grounding material, mule tape, jet string and conduit plugs. Trucom Alluvion and/or its subcontractor(sContractor(s) will install any new Conduit and access points (manholes/pull boxes) using industry standard practices and in full compliance with Uniform Standard Specifications and Details for Public Works Construction sponsored and distributed by the Maricopa Association of Governments as amended (hereinafter referred to as “MAG”), the City’s supplements to MAG, and the City of Tempe Utility Permit and Construction Manual. 7.6 If Alluvion desires to change the components of any of the Facilities in the Right- of-Way, written approval of such change must be obtained from a representative of the City Engineer. 7.7 The City shall have the right to inspect all construction or installation work performed subject to the provisions of this License and to make such tests as it shall find necessary to meet City standards as set forth in the City of Tempe Utility Permit and Construction Manual and the MAG Uniform Standard Specifications and Standard Details for Public Works Construction and the City of City Tempe Supplements thereto and to ensure compliance with the terms of this License and other pertinent provisions of law. 7.7 Trucom shall retain an independent tester to test all materials outlined by MAG and the City's supplements to MAG that are used in construction of the Conduit system(s) and/or Fiber Optic Network(s). The testing results will be sent to City directly and within 3 (three) business days of obtaining results. If the material tests indicate a failure, the testing firm shall notify Trucom and the City’s utility inspector within 24 hours of discovering the failure and Trucom shall contact the City’s utility inspector for direction prior to continuing the work. 7.8 Any new Conduit system(s) and/or Fiber Optic Network(s) shall be installed in multiple phases as agreed upon by Trucom Alluvion and the City. If portions of this project will take place on the major arterial streets in City, Trucom Alluvion and City will work to minimize the inconvenience to the citizens of City and others who use those major arterial streets impacted by the project by developing segments of the project to be completed in sequence. 7.9 Any Conduit systems and/or Fiber Optic Network(s) to be constructed, installed, operated and maintained under this Agreement shall be located or relocated so as to interfere as little as possible with traffic traffic, existing utilities or other authorized uses over, under or through said streets and public ways. Trucom Alluvion shall not install, operate, or allow the use of equipment, methodology or technology that may or would interfere with the optimum effective use or operation of City’s existing or future fire, emergency or other communications equipment, methodology or technology (i.e., voice or other data carrying receiving or transmitting equipment). If such interference should occur, Trucom Alluvion shall immediately discontinue using the equipment, methodology or technology that causes the interference until Trucom Alluvion takes corrective measures to alter the Fiber Optic Network(s) to eliminate such interference. Any such corrective measures shall be made at no cost to City. Trucom Alluvion shall be responsible to ensure compliance with this Agreement by all persons using the ROW through or under Trucom Alluvion or this Agreement.