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B. "Public streets and public rights -of -way" or "public ways" include the surface of, and the
<br />space above and below, any public street, road, highway, avenue, way, bridge, viaduct,
<br />alley or other public right -of -way, including unimproved public right of ways, now or
<br />hereafter held by Chesapeake for the purpose of public travel, whether present or future, to
<br />the extent of the Chesapeake's right, title, interest or authority to grant a franchise to occupy
<br />and use such streets and easements.
<br />C. "Public works project or public improvements" include, without limitation, the
<br />construction, realignment, paving or repaving, or other work on any public street or public
<br />right -of -way, change of grade or alignment of any public street or public right -of -way, the
<br />construction or reconstruction of any water, sanitary sewer, storm sewer, force main,
<br />drainage or communications facility of Chesapeake.
<br />D. "Structures" means anything constructed, erected, installed or otherwise put in place which
<br />has a permanent location on or in the ground or which is attached to something having a
<br />permanent location on or in the ground; provided, however, that this definition shall not
<br />apply to objects or facilities that are wholly underground. Structures includes buildings,
<br />signs, fences, tanks, poles, lines, fixtures, equipment, and appurtenances of Chesapeake.
<br />E. "Zoning Ordinance" means the Chesapeake Zoning Ordinance, as amended.
<br />Section 3.02 Grant of Authority.
<br />A. Subject to the terms of this Agreement, Chesapeake hereby grants to Portsmouth the non-
<br />exclusive right to construct, install, maintain, locate, move, operate, place, protect,
<br />reconstruct, reinstall, relocate, remove and replace fiber optic or other cable and related
<br />facilities, in the public streets and public rights -of -way in the City of Chesapeake, limited
<br />and restricted to the area indicated on Exhibit "E" attached hereto. Portsmouth shall be
<br />solely responsible for obtaining any required consents from State agencies or private
<br />parties to the extent that its operations affect State or private property. It is expressly agreed
<br />that this Agreement does not give Portsmouth the right to occupy any public rights -of -way
<br />with permanent aboveground cabinets, pads and other similar structures except pursuant to
<br />(i) the express approval of Chesapeake pursuant to the applicable provisions of Chapter 66
<br />of the Chesapeake City Code, the Chesapeake Zoning Ordinance, as amended, and (ii) the
<br />Code of Virginia, 1950, as amended. Nothing in this Agreement shall be construed as
<br />consent by Chesapeake for Portsmouth to provide cable service television service within
<br />Chesapeake.
<br />B. Portsmouth hereby accepts the Agreement and agrees to comply with all of the terms of
<br />the Agreement, as well as with all applicable Federal, State, Chesapeake City Code,
<br />Chesapeake Zoning Ordinance and local laws, Ordinances, Agreements, resolutions,
<br />codes, rules and regulations, regardless of whether they are expressly referenced in this
<br />Agreement.
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