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"Person" means any natural person or any association, firm, partnership,joint venture,
<br /> corporation,limited liability company,or other legally recognized entity,whether for profit or not
<br /> for profit,but shall not mean the City or SiFi.
<br /> "Premises" means a Home, Multiple Dwelling Unit, office or other building located
<br /> within the Boundary.
<br /> "Premises Wall" means the exterior,of an outside wall of a Premises to which the fiber
<br /> optic cable can be terminated.
<br /> "Primary Premises"means the Premises within the Boundary as of the Effective Date but
<br /> excluding any Premises which SiFi cannot connect (i) because of a lack of a right to access and
<br /> use the Public Way due to the City not possessing the right, title, interest or authority to permit
<br /> SiFi to use and occupy the Public Way in order for SiFi to access such Premises,or(ii)because of
<br /> a SiFi lack of a right to access onto any non-City owned property within the Boundary in order to
<br /> access such Premises, or (iii) if there would be an incremental material cost to connect such
<br /> Premises would be at least ten percent(10%)higher than the average cost to connect accessible by
<br /> SiFi Primary Premises within the Boundary, or (iv) where such Premises already have a pre-
<br /> existing fiber service available to them and do not desire SiFi to connect such Premises. SiFi shall
<br /> not be required or obligated to make the System available to such Primary Premises described in
<br /> (i) through(iv)in this definition and Substantial Completion determination shall not be impacted
<br /> as a result. Other contracts may be negotiated by the City and SiFi to arrange connection of hard-
<br /> to-reach properties and premises shall be completed as part of substantial completion as defined
<br /> herein.
<br /> "Public Way"shall mean the surface of,and the space above and below,any now existing
<br /> or future, and owned by the City or under the control of the City: public street, road, highway,
<br /> parkway, driveway, on public property, freeway, lane, path, court, sidewalk, bridge, alley,
<br /> boulevard, traffic signals and lamp post, on public property, public way, and general utility
<br /> easements (excluding private easements and public single-purpose restricted or exclusive
<br /> easements)or other public right of way unless said utility easements expressly forbid their use for
<br /> broadband installations. Nothing in this definition shall be construed to mean that the City is
<br /> obligated to allow system installation everywhere in the Public Way (generally, the City prefers
<br /> underground installations. Installation of SiFi systems will be permitted for installation in the
<br /> Public Way based on City approved permits, which approval shall not be unreasonably withheld,
<br /> delayed or conditioned. The City will provide an appeal and review process for any approved and
<br /> not approved permit applications.
<br /> "Release" when used with respect to Hazardous Material means any actual or imminent
<br /> spilling,leaking,pumping,pouring,emitting,emptying,discharging,injecting,escaping,leaching,
<br /> dumping,or disposing into or inside any existing improvements or any improvements constructed
<br /> hereunder,including the System.
<br /> "Service" means internet, voice, data, and video service or any combination thereof,
<br /> provided by the City or another Service Provider over the System.
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