BOLDYN NETWORKS US LLC - Laserfiche WebLink

Docusign Envelope ID: 630D402A-480E-441F-B23E-642A498E5ED5 for the benefit of future construction projects which may need to be aware of the presence of the Network Facilities within the Public Right -of -Way. SECTION 4 SERVICE CHANGES 4.1 ENCROACHER hereby represents and warrants that: (1) it has any and all authorizations and approvals from state and federal regulatory agencies including the California Public Utilities Commission and the Federal Communications Commission as are necessary for the activities and Network Facilities contemplated by the Agreement, and is in compliance in all material respects with its obligations under such authorizations; (2) the type of service offered through the Network Facilities in the Public Right -of -Way consists solely of Telecommunications Services; (3) it does not offer Video Services; (4) Network Facilities will be installed only within the Public Rights -of -Way (underground within conduit or aerial on poles); and (5) it will not construct or install any new cell towers or antennas, unless permitted by separate written authorization. 4.2 The terms of this Agreement are based on the type of equipment comprising the Network Facilities, and the Telecommunications Services that ENCROACHER provides via the Network Facilities installed in the Public Right -of -Way. ENCROACHER acknowledges that any change in service or change in the law may increase the CITY's regulatory authority over such services, product, and/or ENCROACHER's use of Public Right -of --Way, and may require modification of this Agreement, and require ENCROACHER to obtain additional authorizations consistent with the requirements of an existing or hereinafter -enacted CITY ordinance regulating such services. 4.3 If ENCROACHER is authorized by the California Public Utilities Commission to provide additional and/or alternative services over Network Facilities, including but not limited to Video Services, and intends to offer such services to customers, or provide such services using Network Facilities, within CITY's corporate limits, ENCROACHER shall notify CITY in writing, as soon as practicable, subject to CITY's written approval to provide such services, and comply with CITY's local ordinances. To the extent CITY approves ENCROACHER's additional and/or alternative services, and such services are subject to a rent, toll or other fee pursuant to applicable Laws, ENCROACHER shall be required to pay CITY the amount authorized by applicable Laws. Nothing in this Section shall: (i) obligate CITY to approve any additional and/or alternate services; (ii) obligate CITY to make any amendments or modifications to this Agreement in connection with any additional and/or alternate services; or (iii) prevent or impair CITY's discretion to approve ENCROACHER's provision of any additional and/or alternate services by a separate written agreement. SECTION 5 REMOVAL AND RELOCATION 5.1 In the event of an emergency, or where Network Facilities create or are contributing to an imminent danger to health, safety or property, CITY may remove, relay or relocate any or all parts of those Network Facilities without prior notice; however, CITY shall make reasonable efforts to provide prior notice. Notwithstanding the foregoing, if CITY has not provided notice in advance of taking such action, CITY shall provide such notice within two (2) days after taking such action. -7 (SEC=PROTECTED)