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agreed that this Agreement does not give Lumos the right to occupy any public rights -of- way with permanent above - ground cabinets, pads and other similar structures except pursuant to the express approval of the City pursuant to the applicable provisions of Chapter 32 of the City Code or any successor ordinance and that nothing in this Agreement shall be construed as consent by the City for Lumos to provide cable service television service within the City. (b) Lumos acknowledges that this grant of authority is for the benefit of Lumos only, and that Lumos is not authorized to lease, sublease, assign or otherwise allow other providers to use or occupy the public rights -of -way except in accordance with provisions of this Agreement. (c ) Lumos acknowledges that, to the extent allowed by State and Federal law, the City has the authority to adopt ordinances regulating the use of the public rights -of -way, so long as such ordinances apply equally to all certificated providers of telecommunications services and are related to using the public streets and public rights - of -way in the City. Lumos agrees to be bound by all such future lawful ordinances so long as it operates telecommunication services or has property or equipment within the public streets or rights -of -way located in the City. (d) This Agreement is not a grant by the City 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 the City of Portsmouth to use the public streets and public rights -of -way occupied by Lumos 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. (e) This Agreement shall be in full force and effect from and after the date of its approval by the City Council governing body; provided, however, that notwithstanding such approval, this Agreement 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 the City, which acceptance and approval shall not be unreasonably delayed, conditioned or withheld. Section 2. Definitions. For the purpose of this Agreement, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise: -3-