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C. Chesapeake acknowledges that this grant of authority is for the benefit of Chesapeake only, and that Chesapeake is not authorized to lease, sublease, assign or otherwise allow another person, company, entity or providers to use or occupy the public rights -of -way except in accordance with provisions of this Agreement. D. Chesapeake acknowledges that, to the extent allowed by State and Federal law, Portsmouth has the authority to adopt Ordinances and agreements regulating the use of the public rights -of -way, so long as such Ordinance and agreements apply equally to all certificated providers of fiber optic cabling services and are related to using the public streets and public rights -of -way in Portsmouth. Chesapeake agrees to be bound by all current and such future lawful Ordinances so long as it operates fiber optic cabling services or has property or equipment within the public streets or rights -of -way located in Portsmouth. E. This Agreement is not a grant by Portsmouth of any fee simple or other property interest except as expressly contemplated by this Agreement and is made subject and subordinate to the prior and continuing right of Portsmouth to use the public streets and public rights - of -way occupied by Chesapeake for the purpose of laying, installing, maintaining, repairing, protecting, replacing, and removing sanitary sewers, water mains, storm drains, gas mains, poles and other equipment for municipal uses and with the right of ingress and egress, along, above, over, across and in said public streets and public rights -of -way. F. This Agreement shall be in full force and effect thirty (30) days after the date of its approval by both Portsmouth and Chesapeake's City Council; provided, however, that notwithstanding such approval, this grant of authority shall not become effective until all required bonds, letters of credit, certificates of insurance and other instruments required by this Agreement have been filed with, and accepted and approved by Portsmouth, which acceptance and approval shall not be unreasonably delayed, conditioned or withheld. Section 4.03 Termination by Portsmouth for Cause. Portsmouth, at its option, may terminate the Agreement upon any material breach of the Agreement by Chesapeake, as determined by Portsmouth subject to the parameters below, should Chesapeake fail to correct such breach within thirty (30) days after receiving written notice or within a reasonable time as agreed to by the parties in writing. Should Chesapeake make any legal challenge to Portsmouth's termination decision, Portsmouth agrees to delay exercising its removal rights as delineated herein until final resolution of such legal challenge. A material breach shall include, but is not limited to the following: A. any failure of Chesapeake to maintain the insurance required by this Agreement; B. any failure of Chesapeake to comply with any material provision of this Agreement that is not cured within thirty (30) days after Chesapeake receives written notice from Portsmouth; and