Common use of USE OF PUBLIC RIGHT-OF-WAY Clause in Contracts

USE OF PUBLIC RIGHT-OF-WAY. a. Pursuant to K.S.A. 17-1902, and amendments thereto, and subject to the provisions of this Contract Franchise, IdeaTek shall have the right to construct, maintain and operate its Facilities along, across, upon and under the public right-of-way. Such Facilities shall be so constructed and maintained as not to obstruct or hinder the usual travel or public safety on such public ways or obstruct the legal use by other utilities. b. IdeaTek shall participate in the Kansas One Call utility location program. c. IdeaTek may attach its Facilities to an existing City-owned utility pole pursuant to the current National Electric Safety Code. d. It is understood that IdeaTek may build new Facilities in the City which would comply with all applicable Laws. If the City has no formal third-party utility installation policy or permit process, IdeaTek will not be obligated to make application for new facility installations unless and until such time a formal process is implemented by the City in a reasonable and non- discriminatory form and enforced among all third-party utility installations. e. If the City has a utility installation process or permit policy applicable to the installation of the IdeaTek’s Facilities, the City will approve or deny any application by the IdeaTek no later than 14-days from submission of a complete application. Failure of the City to deny with reasonable specificity IdeaTek’s application within 14-days will be considered approval of the application by the City. f. IdeaTek will always attempt to provide reasonable notice to the City for any new installation and give the City reasonable time to provide input on the placement/location of new Facilities. g. No notice is necessary to the City for Facility maintenance unless such maintenance will require street closure, and in such event, IdeaTek will use reasonable efforts to coordinate such closure with the City.

USE OF PUBLIC RIGHT-OF-WAY. a. Pursuant to K.S.A. 17-1902, and amendments thereto, and subject to the provisions of this Contract Franchise, IdeaTek shall have the right to construct, maintain and operate its Facilities along, across, upon and under the public right-of-way. Such Facilities shall be so constructed and maintained as not to obstruct or hinder the usual travel or public safety on such public ways or obstruct the legal use by other utilities. b. IdeaTek shall participate in the Kansas One Call utility location program. c. IdeaTek may attach its Facilities to an existing City-owned utility pole or lighting pole pursuant to the current National Electric Safety Code, subject to the approval of the location of the installation and its dimensions and appearance by the City Administrator. Said approval shall be in the sole discretion of City Administrator, who may choose to deny said approval altogether for any given utility pole or lighting pole. d. It is understood that IdeaTek may build new Facilities in the City which would comply with all applicable Laws. If the City has no formal third-party utility installation policy or permit process, IdeaTek will not be obligated to make application for new facility installations unless and until such time a formal process is implemented by the City in a reasonable and non- discriminatory form and enforced among all third-party utility installations. e. If the City has a utility installation process or permit policy applicable to the installation of the IdeaTek’s Facilities, the City will approve or deny any application by the IdeaTek no later than 14-days from submission of a complete application. Failure of the City to deny with reasonable specificity IdeaTek’s application within 14-days will be considered approval of the application by the City. f. IdeaTek will always attempt to provide reasonable notice to the City for any new installation and give the City reasonable time to provide input on the placement/location of new Facilities. g. No notice is necessary to the City for Facility maintenance unless such maintenance will require street closure, and in such event, IdeaTek will use reasonable efforts to coordinate such closure with the City.

USE OF PUBLIC RIGHT-OF-WAY. a. Pursuant to K.S.A. 17-1902, and amendments thereto, and subject to the provisions of this Contract Franchise, IdeaTek shall have the right to construct, maintain and operate its Facilities along, across, upon and under the public right-of-way. Such Facilities shall be so constructed and maintained as not to obstruct or hinder the usual travel or public safety on such public ways or obstruct the legal use by other utilities. b. IdeaTek shall participate in the Kansas One Call utility location program. c. IdeaTek may attach its Facilities to an existing City-owned utility pole pursuant to the current National Electric Safety Code. d. It is understood that IdeaTek may build new Facilities in the City which would comply with all applicable Laws. If the City has no formal third-party utility installation policy or permit process, IdeaTek will not be obligated to make application for new facility installations unless and until such time a formal process is implemented by the City in a reasonable and non- discriminatory form and enforced among all third-party utility installations. e. If the City has a utility installation process or permit policy applicable to the installation of the IdeaTek’s Facilities, the City will approve or deny any application by the IdeaTek no later than 14-days from submission of a complete application. Failure of the City to deny with reasonable specificity IdeaTek’s application within 14-days will be considered approval of the application by the City. f. IdeaTek will always attempt to provide reasonable notice to the City for any new installation and give the City reasonable time to provide input on the placement/location of new Facilities. g. No notice is necessary to the City for Facility maintenance unless such maintenance will require street closure, and in such event, IdeaTek will use reasonable efforts to coordinate such closure with the City. h. Zoning regulations shall not apply to installations within the Public ROW. i. IdeaTek shall be responsible for any damage, ordinary wear and tear excepted, to street pavement, existing facilities and utilities, curbs, gutters, sidewalks, landscaping, and all other public or private facilities, to the extent caused by IdeaTek’s construction, installation, maintenance, access, use, repair, replacement, relocation, or removal of the Network in the City’s ROW. IdeaTek shall promptly repair such damage and return the City’s ROW and any affected adjacent property to a safe and satisfactory condition to the City in accordance with the City’s applicable street restoration standards or to the property owner if not the City. IdeaTek’s obligations under this section 3.h shall survive for one (1) year past the completion of such reparation and restoration work and return of the affected part of the City’s ROW by IdeaTek to the City.