|
DocuSign Envelope ID: 7CD73A60-3C9D4785-9DC5-9A381151512D
<br />1.4 "Laws" means any and all applicable statutes, codes, constitutions, ordinances,
<br />resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, court orders, or
<br />other requirements of the Licensor or other governmental agency having joint or several
<br />jurisdiction over the parties to this Agreement as such laws may be amended from time to time.
<br />1.5 "Public Right(s)-of-Way" or "ROW" has the same meaning as Section 33-231(q)
<br />of the Santa Ana Municipal Code.
<br />1.6 "Make -Ready Work" means the work required on or in a Municipal Facility to
<br />create space for the Equipment, and/or replacing and/or reinforcing the existing Municipal Facility
<br />to accommodate Equipment including, but not limited to, rearrangement or transfer of existing
<br />Equipment and the facilities of other entities, and Municipal Facility relocation and replacement.
<br />1.7 "Municipal Facility(ies)" means Licensor -owned property in the ROW, including
<br />street lights (excluding double and single king poles), traffic control structures (excluding traffic
<br />signal poles), banners, street furniture, bus stops, billboards, or other poles, lighting fixtures, or
<br />electroliers located within the ROW, and may refer to such facilities in the singular or plural, as
<br />appropriate to the context in which used. The term includes Replacement Facilities referred to in
<br />Section 4.1.3.
<br />1.8 "Person" means and includes any individual, partnership of any kind, corporation,
<br />limited liability company, association, joint venture or other organization, however formed, as well
<br />as trustees, heirs, executors, administrators, or assigns, or any combination of such persons.
<br />1.9 "PUC" means the California Public Utilities Commission
<br />1.10 "License Fee" and "Alternate License Fee" have the meanings assigned to them in
<br />Section 5 of this Agreement.
<br />1.11 "Transfer" means any transaction in which the rights and/or obligations held by
<br />Licensee under this Agreement or a Supplement are transferred, directly or indirectly, in whole or
<br />in part to a party other than Licensee.
<br />1.12 "Supplement' shall mean each separate authorization, granted by Licensor to
<br />Licensee with regard to a specific Equipment installation, the form of which is attached hereto as
<br />Exhibit A, which shall be subject to the terms and conditions of this Agreement.
<br />2. TERM; SUPPLEMENT TERM.
<br />2.1 Term. The initial term of this Agreement shall be for a period of ten (10) years
<br />(the "Initial Term"), commencing on the Effective Date and ending on the tenth (10th) anniversary
<br />thereof, unless sooner terminated as stated herein. Provided that Licensee is not in default of the
<br />Agreement or any Supplement following written notice and the expiration of any applicable cure
<br />period, this Agreement shall be automatically renewed for two (2) successive five (5) year renewal
<br />terms (each, a "Renewal Term"), unless either party gives the other- party written notice of the
<br />intent not to renew this Agreement not more than twelve (12) and not less than ten (10) months
<br />prior to the expiration of the Initial Term or any Renewal Term, as applicable. The Initial Term
<br />and all Renewal Terms shall be collectively referred to herein as the "Term." Any holding over
<br />Page 4 of 23
<br />
|