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"Regulatory Approvals" means all licenses, permits and other approvals necessary for
<br /> Licensee to install, operate and maintain Equipment on the License Area.
<br /> "Release" when used with respect to Hazardous Material includes any actual or
<br /> imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting,
<br /> escaping, leaching, dumping or disposing on, under or about the License Area, other City
<br /> Property or the environment.
<br /> "RF" means radio frequency or electromagnetic waves.
<br /> "Streets" mean any public right-of-way, street, alley, highway, sidewalk, curb, gutter,
<br /> driveway, parkway or other public place primarily used or dedicated for vehicular
<br /> transportation within the City's territorial and/or jurisdictional boundaries and subject to
<br /> the City's management regulations. The term "Streets" does not encompass any private
<br /> property, private utility easements, any public easements for pedestrian ingress and
<br /> egress across private property or any other public easement not dedicated for use as a
<br /> public road or highway.
<br /> "Vertical Infrastructure" means that certain pole or similar structure, subject to this
<br /> License, owned or controlled by the City and located in the public rights-of-way or public
<br /> utility easements and meant for, or used in whole or in part for, communications service,
<br /> electric service, lighting, traffic control or similar functions.
<br /> [reserved]
<br /> 2. LICENSE AREA
<br /> 2.1. License Area Defined
<br /> The parties to this License define "License Area" to mean that certain space on the that
<br /> certain Vertical Infrastructure and other City Property, which includes without limitation
<br /> any conduits, chases, risers, trays, pipes, vaults, pull boxes, and hand holes, identified
<br /> on the Approved Plans as occupied by the Equipment and licensed to Licensee, all as
<br /> more particularly described and depicted in Exhibit A-1 (License Area).
<br /> 2.2. Limited Rights Created
<br /> This License grants Licensee only a non-possessory, non-exclusive and revocable
<br /> license to enter on to and use the License Area for the Permitted Use in accordance with
<br /> the terms and conditions in this License. Licensee expressly acknowledges and agrees
<br /> that: (a) this License is not and shall not be deemed to be coupled with an interest; (2)
<br /> the City retains legal possession and control over the Vertical Infrastructure for the City's
<br /> municipal functions, which will be superior to Licensee's rights and interest in the Vertical
<br /> Infrastructure, if any, at all times; (3) subject to the terms and conditions in this License,
<br /> the City may terminate this License in whole or in part at any time; (4) except as
<br /> {00033905;%11
<br /> City of Pleasanton, CA 5
<br /> DRAFT Pole License Agreement
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