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2022 Resolutions
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2022 Resolutions
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the express approval of the City pursuant to permitting under the applicable provisions of Chapter <br />32 of the City Code or any successor ordinance, and that nothing in this Agreement shall be <br />construed as consent by the City for the Authority to provide cable television service within the <br />City. <br />(b) The Authority acknowledges that this grant of authority is for the benefit of the <br />Authority only, and that the Authority is not authorized to lease, sublease, assign or otherwise <br />allow other providers to use or occupy the public rights -of -way except in accordance with <br />provisions of this Agreement. <br />(c) The Authority acknowledges that, to the extent allowed by State and Federal law, the <br />City has the authority to adopt ordinances regulating the use of the public rights -of -way, so long <br />as such ordinances apply equally to all certificated providers of telecommunications services and <br />are related to using the public streets and public rights -of -way in the City. The Authority agrees to <br />be bound by all such future ordinances so long as it operates telecommunication services or has <br />property or equipment within the public streets or rights -of -way located in the City. <br />(d) This Agreement is not a grant by the City of any fee simple or other property interest <br />except as expressly contemplated by this Agreement and is made subject and subordinate to the <br />prior and continuing right of the City of Portsmouth to use the public streets and public rights -of- <br />way occupied by the Authority for the purpose of laying, installing, maintaining, repairing, <br />protecting, replacing, and removing sanitary sewers, water mains, storm drains, gas mains, poles <br />and other equipment for municipal uses and with the right of ingress and egress, along, above, <br />over, across and in said public streets and public rights -of -way. <br />(e) This Agreement shall be in full force and effect from and after the date of its approval <br />by the City Council; provided, however, that notwithstanding such approval, this Agreement shall <br />not become effective until all required bonds, letters of credit, certificates of insurance and other <br />instruments required by this Agreement have been filed with, and accepted and approved by the <br />City, which acceptance and approval shall not be unreasonably delayed, conditioned or withheld. <br />Section 2. Definitions. For the purpose of this Agreement, and the interpretation <br />and enforcement thereof, the following words and phrases shall have the following meanings, <br />unless the context of the sentence in which they are used shall indicate otherwise: <br />"Affiliate" means a person or entity that directly or indirectly, through one or more <br />intermediaries, owns, controls, is owned or controlled by, or is under common ownership or <br />control with another person or entity. <br />"Cable service" has the same meaning as in 47 U.S.C. § 522, and is synonymous with <br />the term "cable television service." <br />2 <br />
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