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"Approved Plans" means the detailed plans and equipment specifications, which include
<br /> without limitation all equipment, mounts, hardware, utilities, cables, conduits, signage,
<br /> concealment elements and other improvements proposed by Licensee and approved for
<br /> construction by the City, as more particularly described in Exhibit A-2 (Approved Plans)
<br /> attached hereto and incorporated herein.
<br /> "Broker" means any licensed real estate broker or other person who could claim a right
<br /> to a commission or "finder's fee" in connection with the license(s) or other real estate
<br /> rights contemplated or conveyed in this License.
<br /> "City Attorney" means the City Attorney of the City of Pleasanton, California.
<br /> "City Property" means any interest in real or personal property owned or controlled by
<br /> the City, which includes without limitation any and all (1) land, air and water areas; (2)
<br /> license interests, leasehold interests, possessory interests, easements, franchises and
<br /> other appurtenant rights or interests; (3) public rights-of-way or public utility easements;
<br /> and (4) physical improvements such as buildings, structures, infrastructure, utility and
<br /> other facilities, and alterations, installations, fixtures, furnishings and additions to existing
<br /> real property, personal property and improvements.
<br /> "Claim" means any and all liabilities, losses, costs, claims, judgments, settlements,
<br /> damages, liens, fines, penalties and expenses, whether direct or indirect.
<br /> "CPUC" means the California Public Utilities Commission established in the California
<br /> Constitution, Article XII, § 5, or the CPUC's duly appointed successor agency.
<br /> "Environmental Laws" means any Law in relation or connection to industrial hygiene,
<br /> environmental conditions or Hazardous Materials (as defined in this License).
<br /> "Equipment" means antennas, radios and any associated utility or equipment box, and
<br /> battery backup, transmitters, receivers, amplifiers, ancillary fiber-optic cables and/or
<br /> wiring, and ancillary equipment used for radio communication (voice, data or otherwise)
<br /> transmission and/or reception, which includes without limitation the means, devices and
<br /> apparatus used to attach any Equipment to any licensed Vertical Infrastructure, and any
<br /> ancillary equipment such as wiring, cabling, power feeds or an similar things, and any
<br /> signage attached to such Equipment that may be approved by the City or required by
<br /> Law.
<br /> "FCC" means the Federal Communications Commission or its duly appointed successor
<br /> agency.
<br /> "Hazardous Material" means any material that, due to its quantity, concentration or
<br /> physical or chemical characteristics, is at any time now or hereafter deemed by any local,
<br /> regional, state or federal body with jurisdiction and responsibility for issuing Regulatory
<br /> Approvals in accordance with applicable Laws to pose a present or potential hazard to
<br /> human health, welfare or safety, or to the environment. The term "Hazardous Material" as
<br /> {00033905;%1}
<br /> City of Pleasanton, CA 3
<br /> DRAFT Pole License Agreement
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