Common use of Restrictions On Use of Licensed Fibers Clause in Contracts

Restrictions On Use of Licensed Fibers. 1.6.1. The Licensee shall have the right to use the Licensed Fibers and the Interconnection Fibers for any lawful purpose, subject to applicable law, provided, however that (i) the Licensee shall not use the Licensed Fibers or the Interconnection Fibers to provide cable services unless and until it has obtained a franchise agreement from the County; and (ii) the County reserves the right to require the Licensee to obtain a franchise or other form of authorization for any other class of service which the County is hereafter authorized to regulate by franchise or otherwise. The Licensee shall not have the right, by sublicense or otherwise, to make any of the Licensed Fibers or the Interconnection Fibers available to any person or entity in the form of Dark Fiber. 1.6.2. Notwithstanding Section 1.6.1,the Licensee shall physically interconnect the Licensed Fibers with at least one (1) Licensee Lateral that serves at least one (1) customer located within Arlington County. 1.6.3. The Licensee expressly acknowledges that the County Facilities, with the exception of the Licensed Fibers and Interconnection Fibers, will be used by other entities, including the County and other owners and users of telecommunications systems, and that such entities could be harmed by Licensee’s actions. The Licensee shall not engage in any of the following activities during the term of this License Agreement: 1.6.3.1. Any activity that encroaches upon, or interferes with the use of, County Rights-of-Way, public utility easements, or public service easements that are used in connection with the operation of the County Network, including the Licensed Fiber, Interconnection Fibers, and Interconnection Points; 1.6.3.2. Any activity that interferes with the County’s rights and obligations to design, construct, operate, monitor, manage, maintain, repair, modify, replace, or remove the County Network; 1.6.3.3. Any activity that interferes with or adversely affects the use of the fibers or cable of any other person or entity using the County Network; or 1.6.3.4. Any activity that interferes with the use, by the County or others, of County Facilities.

Restrictions On Use of Licensed Fibers. 1.6.1. The Licensee shall have the right to use the Licensed Fibers and the Interconnection Fibers for any lawful purpose, subject to applicable law, provided, however that (i) the Licensee shall not use the Licensed Fibers or the Interconnection Fibers to provide cable services unless and until it has obtained a franchise agreement from the County; and (ii) the County reserves the right to require the Licensee to obtain a franchise or other form of authorization for any other class of service which the County is hereafter authorized to regulate by franchise or otherwise. The Licensee shall not have the right, by sublicense or otherwise, to make any of the Licensed Fibers or the Interconnection Fibers available to any person or entity in the form of Dark Fiber. 1.6.2. Notwithstanding Section 1.6.1,the Licensee shall physically interconnect the Licensed Fibers with at least one (1) Licensee Lateral that serves at least one (1) customer located within of Arlington County. 1.6.3. The Licensee expressly acknowledges that the County Facilities, with the exception of the Licensed Fibers and Interconnection Fibers, will be used by other entities, including the County and other owners and users of telecommunications systems, and that such entities could be harmed by Licensee’s actions. The Licensee shall not engage in any of the following activities during the term of this License Agreement: 1.6.3.1. Any activity that encroaches upon, or interferes with the use of, County Rights-of-Way, public utility easements, or public service easements that are used in connection with the operation of the County Network, including the Licensed Fiber, Interconnection Fibers, and Interconnection Points; 1.6.3.2. Any activity that interferes with the County’s rights and obligations to design, construct, operate, monitor, manage, maintain, repair, modify, replace, or DocuSign Envelope ID: BEC22014-FB44-42A2-A4F0-A3D7312123F2 DocuSign Envelope ID: BACFA1E8-9B50-4E40-B928-AE77686FB55C remove the County Network; 1.6.3.3. Any activity that interferes with or adversely affects the use of the fibers or cable of any other person or entity using the County Network; or 1.6.3.4. Any activity that interferes with the use, by the County or others, of County Facilities.

Restrictions On Use of Licensed Fibers. 1.6.1. The Licensee shall have the right to use the Licensed Fibers and the Interconnection Fibers for any lawful purpose, subject to applicable law, provided, however that (i) the Licensee shall not use the Licensed Fibers or the Interconnection Fibers to provide cable services unless and until it has obtained a franchise agreement from the County; and (ii) the County reserves the right to require the Licensee to obtain a franchise or other form of authorization for any other class of service which the County is hereafter authorized to regulate by franchise or otherwise. The Licensee shall not have the right, by sublicense or otherwise, to make any of the Licensed Fibers or the Interconnection Fibers available to any person or entity in the form of Dark Fiber. 1.6.2. Notwithstanding Section 1.6.1,the 1.6.1, the Licensee shall not physically interconnect the Licensed Fibers or any Interconnection Fibers with at least one (1) any Licensee Lateral that serves at least one (1) 1)any customer located within withinoutside of Arlington County. 1.6.3. The Licensee expressly acknowledges that the County Facilities, with the exception of the Licensed Fibers and Interconnection Fibers, will be used by other entities, including the County and other owners and users of telecommunications systems, and that such entities could be harmed by Licensee’s actions. The Licensee shall not engage in any of the following activities during the term of this License Agreement: 1.6.3.1. Any activity that encroaches upon, or interferes with the use of, County Rights-of-Way, public utility easements, or public service easements that are used in connection with the operation of the County Network, including the Licensed Fiber, Interconnection Fibers, and Interconnection Points; 1.6.3.2. Any activity that interferes with the County’s rights and obligations to design, construct, operate, monitor, manage, maintain, repair, modify, replace, or remove the County Network; 1.6.3.3. Any activity that interferes with or adversely affects the use of the fibers or cable of any other person or entity using the County Network; or 1.6.3.4. Any activity that interferes with the use, by the County or others, of County Facilities.

Restrictions On Use of Licensed Fibers. 1.6.1. The Licensee shall have the right to use the Licensed Fibers and the Interconnection Fibers for any lawful purpose, subject to applicable law, provided, however that (i) the Licensee shall not use the Licensed Fibers or the Interconnection Fibers to provide cable services unless and until it has obtained a franchise agreement from the County; and (ii) the County reserves the right to require the Licensee to obtain a franchise or other form of authorization for any other class of service which the County is hereafter authorized to regulate by franchise or otherwise. The Licensee shall not have the right, by sublicense or otherwise, to make any of the Licensed Fibers or the Interconnection Fibers available to any person or entity in the form of Dark Fiber. 1.6.2. Notwithstanding Section 1.6.1,the Licensee shall physically interconnect the Licensed Fibers with at least one (1) Licensee Lateral that serves at least one (1) customer located within of Arlington County. 1.6.3. The Licensee expressly acknowledges that the County Facilities, with the exception of the Licensed Fibers and Interconnection Fibers, will be used by other entities, including the County and other owners and users of telecommunications systems, and that such entities could be harmed by Licensee’s actions. The Licensee shall not engage in any of the following activities during the term of this License Agreement: 1.6.3.1. Any activity that encroaches upon, or interferes with the use of, County Rights-of-Way, public utility easements, or public service easements that are used in connection with the operation of the County Network, including the Licensed Fiber, Interconnection Fibers, and Interconnection Points; 1.6.3.2. Any activity that interferes with the County’s rights and obligations to design, construct, operate, monitor, manage, maintain, repair, modify, replace, or remove the County Network; 1.6.3.3. Any activity that interferes with or adversely affects the use of the fibers or cable of any other person or entity using the County Network; or 1.6.3.4. Any activity that interferes with the use, by the County or others, of County Facilities.

Restrictions On Use of Licensed Fibers. 1.6.1. The Licensee shall have the right to use the Licensed Fibers and the Interconnection Fibers for any lawful purpose, subject to applicable law, provided, however that (i) the Licensee shall not use the Licensed Fibers or the Interconnection Fibers to provide cable services unless and until it has obtained a franchise agreement from the County; and (ii) the County reserves the right to require the Licensee to obtain a franchise or other form of authorization for any other class of service which the County is hereafter authorized to regulate by franchise or otherwise. The Licensee shall not have the right, by sublicense or otherwise, to make any of the Licensed Fibers or the Interconnection Fibers available to any person or entity in the form of Dark Fiber. 1.6.2. Notwithstanding Section 1.6.1,the 1.6.1, the Licensee shall physically interconnect the Licensed Fibers with at least one (1) Licensee Lateral that serves at least one one (1) customer located within of Arlington County. 1.6.3. The Licensee expressly acknowledges that the County Facilities, with the exception of the Licensed Fibers and Interconnection Fibers, will be used by other entities, including the County and other owners and users of telecommunications systems, and that such entities could be harmed by Licensee’s actions. The Licensee shall not engage in any of the following activities during the term of this License Agreement: 1.6.3.1. Any activity that encroaches upon, or interferes with the use of, County Rights-of-Way, public utility easements, or public service easements that are used in connection with the operation of the County Network, including the Licensed Fiber, Interconnection Fibers, and Interconnection Points; 1.6.3.2. Any activity that interferes with the County’s rights and obligations to design, construct, operate, monitor, manage, maintain, repair, modify, replace, or remove the County Network; 1.6.3.3. Any activity that interferes with or adversely affects the use of the fibers or cable of any other person or entity using the County Network; or 1.6.3.4. Any activity that interferes with the use, by the County or others, of County Facilities.