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Docusign Envelope ID: 63OD402A-480E-441F-B23E-642A498E5ED5 MASTER ENCROACHMENT AGREEMENT BETWEEN THE CITY OF PLEASANTON AND BOLDYN NETWORKS US LLC RELATED TO THE INSTALLATION OF NETWORK FACILITIES WITHIN PUBLIC RIGHT-OF-WAY This Agreement ("Agreement) dated as of u % 204F(""Effective Date") is entered into by and between the CITY OF PLEASANTON, a alitornia municipal corporation (herein termed "CITY") and BOLDYN NETWORKS US LLC, a Nevada limited liability company (herein termed "ENCROACHER"). CITY and ENCROACHER are sometimes referred to as a "Party" and collectively as the "Parties." RECITALS WHEREAS, ENCROACHER warrants and represents to CITY that ENCROACHER is authorized to provide Telecommunications Services (as defined herein) in the state of California pursuant to a Certificate of Public Convenience and Necessity ("CPCN") issued by the Public Utilities Commission of the State of California ("CPUC") and, as a telephone corporation, may use public roads and highways to the extent authorized by Public Utilities Code Section 7901 and consistent with CITY's right to exercise reasonable control as to the time, place and manner in which the public roads and highways are accessed pursuant to Public Utilities Code Section 7901.1; and, WHEREAS, CITY owns, operates and maintains the Public Right -of -Way (as defined herein) within CITY; and, WHEREAS, ENCROACHER desires to construct Network Facilities (as defined herein) within the Public Right -of -Way within CITY to provide Telecommunications Services; and WHEREAS, CITY has the authority to regulate the terms and conditions for the use of Public Right -of -Way for the construction, installation and maintenance of Network Facilities by ENCROACHER. NOW, THEREFORE, in consideration of the recitals and the mutual promises contained herein, CITY AND ENCROACHER agree as follows: SECTION I DEFINITIONS 1 • t City Engineer - Means the City Engineer of the City of Pleasanton, or the City Engineer's designee. 1.2 Laws - Means all present and future statutes, ordinances, codes, orders, policies, regulations and implementing rules, requirements and restrictions by federal, state, county and/or municipal authorities, adopted or as amended in compliance with and consistent with applicable federal and state statutes. [SEC=PROTECTED]