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D. "Delivered Facilities" shall mean the Fiber and Associated Facilities installed by
<br />Chesapeake for the use of Portsmouth and Fiber and Associated Facilities provided by
<br />Portsmouth for the use of Chesapeake.
<br />E. "Duct" means a pipe, tube, channel or similar item for carrying wires, lines, cables, fiber
<br />optic cable, or other technology.
<br />F. "Effective Date" means thirty (30) days from and after the passage of this Agreement.
<br />G. "Fiber" shall mean one fiber -optic buffer tube composed of 12 single -mode fibers.
<br />H. "Fiber optic or other cable and related facilities" means fiber optic cables or other cable,
<br />facilities, conduits, converters, splice boxes, handholds, manholes, vaults, equipment,
<br />drains, surface location markers, appurtenances and related facilities located or to be
<br />located by Portsmouth in the public streets or rights -of -way of Chesapeake or by
<br />Chesapeake in the public streets or rights -of -way of Portsmouth.
<br />I. "Governmental Authority" shall mean any federal, state, regional, county, city, municipal,
<br />local, territorial, or tribal government, or any public or quasi- public authority, whether
<br />foreign or domestic, or any department, agency, bureau or other administrative or
<br />regulatory body obtaining authority from any of the foregoing, including without
<br />limitation, courts, public utilities, and sewer authorities.
<br />J. "Person" shall mean any individual, corporation, partnership, limited liability company,
<br />joint venture, association, joint -stock company, trust, unincorporated organization,
<br />Qovernment or any agency or political subdivision thereof or any other entity.
<br />K. `Portsmouth Fiber" shall mean the fiber -optic backbone and lateral network owned by the
<br />City of Portsmouth.
<br />L. "Underlying Rights" shall mean all deeds, leases, easements, rights -of -way agreements,
<br />licenses, franchises, grants, contracts, and other rights, titles, and interests to use real
<br />property of any third Person, which are necessary for the construction, placement, location,
<br />installation, operation, use, lease, rental, maintenance, repair or replacement of the
<br />Delivered Facilities.
<br />M. "Work" shall mean all necessary engineering, installation, management, placement, make -
<br />ready, preparatory, and construction work required to install fiber, vaults, hand holes, and
<br />other underground facilities required for the provision of Fiber.
<br />N. "Maintenance Agreement" means the agreement for maintenance and monitoring attached
<br />hereto as Exhibit "I ".
<br />Section 1.03 Term of Agreement.
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