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<br />G. The Company recognizes the right of the City in accordance with Ohio <br />law to impose reasonable conditions regarding the construction, operation and <br />maintenance of'the Company's Facilities in the City's public rights-of-way (ROW). <br /> <br />NOW, THEREFORE, in consideration of the mutual covenants and agreements <br />herein contained, and other good and valuable consideration, the receipt ànd 'sufficiency <br />of which is hereby acknowledged, the parties covenant and agree as follows: <br /> <br />SECTION 1 <br />GRANT OF AUTHORITY <br /> <br />1.1 Grant of Authoritv. The Company is hereby authórized to occupy and use <br />the Streets anywhere within the geographical boundaries of the City (including any future <br />annexations thereto) to construct, operate, maintain, repair and upgrade existing and new <br />facilities that are in the Streets (the "Facilities") in order to provide an integrated, <br />switched, point-to-point, interactive IP platform of voice, video and data services, <br />including IP Video Service, and other services, and the Company is authorized to <br />provide those services. The authority granted by this Section 1.1 is in addition to all <br />existing authorizatious that the Company holds and is not intended to limit any such <br />existing authorizatIons. <br /> <br />1.2 Nature of Agreement; Limited Jurisdiction of Citv. <br /> <br />1.2.1 Nature of This Agreement. This Agreement is entered <br />into by the City and the Company for the purpose of clarifying and confirming the <br />authority of the Company, inducing deployment of the Facilities and services, and <br />granting authority to the Company, to the extent necessary, to construct, operate, <br />maintain, repair and upgrade the Facilities that enable it to provide all integrated, <br />switched, pòint-to-póint,. interactive IP platform of voice, video and data services, <br />including IP Video Service, and other services, and to confrr:oì that the Company is <br />authorized to provide those services. The City's regulatory authority under this <br />Agreement relates solely to the Facilities to the extent they are used to provide point -to- <br />point IP Video Service, but only to the extent necessary, and shall be strictly limited as <br />provided in this Section 1. 2. <br /> <br />1.2.2 Jurisdiction Over Telecommunications 11acilitieslEquivment Is <br />Restricted. The City and the Company acknowledge that the Facilities are being <br />constructed and upgraded and will be, operated and maintained as an upgrade to or <br />extension of, or both, the Company's existing telecommunications facilities and <br />equipment. The jurisdiction of the City over such facilities and equipment is rèstricted <br />by federal and state law, and the City does not now and shall not in the future assert <br />jurisdiction over the Facilities in contravention of those limitations. Nothing in this <br />Agreement is intended to expand the City's existing authority over the Company's <br />facilities and equipment. <br /> <br />477196-2 <br /> <br />2 <br />