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EXHIBIT A CITY OF PORTSMOUTH, VIRGINIA NONEXCLUSIVE F I B E R FRANCHISE AGREEMENT WITH LUMOS TELEPHONE LLC D/B /A LUMOS This Nonexclusive Fiber Franchise Agreement (hereinafter "Agreement ") is made and entered into as of this by and between the City of Portsmouth. Virginia, a Virginia municipal corporation (hereinafter "City" or "Grantor ") and Lumos Telephone LLC, a Virginia limited hablity company, hereinafter ( "Grantee" or "Lumos "), having its principal oft-ice One Lumos Plaza, Waynesboro, VA 22980. WHEREAS, Lumos, is a Virginia corporation duly organized and existing under the laws of the Commonwealth of Virginia; and WHEREAS, Lumos desires to use and occupy the streets and public rights -of- way (as hereinafter defined) located within the City for the purposes of constructing, installing, and maintaining network facilities for the provision of telecommunications services within and through the City; and WHEREAS, pursuant to Article VII, Section 9 of the Constitution of Virginia and Chapter 21 of Title 15.2 of the Virginia Code, the City has the authority to grant franchises and other authorizations for the use and occupancy of the streets and public rights -of -way; and WHEREAS, the City is agreeable to allowing Lumos to use the streets and public rights -of -way, subject to the terms and conditions hereinafter set forth and subject to any lawful telecommunications regulatory ordinance that may be adopted by the City in the future; NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the City and Lumos agree as follows: Section 1. Grant of Authority. (a) Subject to the terms of this Agreement, the City hereby grants to Lumos the non - exclusive right to construct, install, maintain, locate, move, operate, place, protect, reconstruct, reinstall, relocate, remove and replace fiber optic or other cable and related facilities for the provision of telecommunications service in the public streets and public rights -of -way in the City of Portsmouth. Lumos shall be solely responsible for obtaining any required consents from State agencies or private parties to the extent that its operations affect State or private property. It is expressly -2-