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"Service Providers" means any entity, which enters into a contract with SiFi to provide
<br /> Services over the System.
<br /> "Shelter"means the above ground facility housing System equipment as further described
<br /> in Section 4.2 and in Exhibit A hereto. Shelters used by SiFi will be no larger than 1,000 square
<br /> feet.Where the City cannot provide space,SiFi will have to negotiate with private property owners
<br /> for shelter space.
<br /> "Subscribe"means an agreement to receive from a Service Provider.
<br /> "Subscriber" means any Person (which for purposes of this definition shall include the
<br /> City)that has entered into an agreement to receive or otherwise lawfully receives Service.
<br /> "Substantial Completion" means the date on which,the System has been installed such
<br /> that it Passes the addresses of each of the Primary Premises and the System is capable of providing
<br /> Service to each such Primary Premises (but for the lack of a Drop) or four (4) years post
<br /> Construction being commenced,whichever event occurs first;provided,however,that in the event
<br /> Substantial Completion is deemed to have occurred due to the expiration of four (4) years post
<br /> Construction being commenced, SiFi shall use commercially reasonable efforts to complete,
<br /> subject to the conditions in the proviso above, such construction as is necessary to provide service
<br /> to all Primary Premises within a commercially reasonable time. SiFi will notify City in writing of
<br /> Substantial Completion.
<br /> "System"means all parts of the FON system under and above ground in the City that is
<br /> designed to support the delivery of Service to Subscribers, including the fiber optic cable and its
<br /> component parts and appurtenances,and the other cables,wires, components, facilities,Cabinets,
<br /> ducts,conduits,connectors,Shelters,Chambers,manholes,manhole covers,pedestals,appliances,
<br /> splitters, attachments, and other property, equipment, components, materials, apparatus and
<br /> appurtenances to the FON system.
<br /> SECTION 2
<br /> 2. Grant of Authority.
<br /> 2.1 Grant of Rights.
<br /> SiFi Riehts to Public Way. This Agreement sets forth the basic terms and conditions
<br /> upon which SiFi is granted authority to install the System in the Public Way.The particular terms
<br /> and location of each portion of the System shall be specified in the applicable permit as described
<br /> in Section 3.2 Permits and General Obligations. The City hereby grants and conveys to SiFi the
<br /> limited but necessary right, power and authority to erect, install, construct, repair, replace,
<br /> reconstruct,maintain,operate or retain the System in,on,over,under,upon,across,or along those
<br /> portions and sections of Public Way in accordance with the permits approved by the City,provided
<br /> that such approvals shall not be unreasonably withheld, delayed or conditioned. The City will
<br /> provide an appeal and review process for any approved and not approved permit application.
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