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1.2 Rules of Interpretation a. Rules of Construction. The captions or headings in this Agreement are for convenience only and shall not be considered in interpreting this Agreement or as amplifying or limiting its content. Words in this Agreement that import the singular shall also be understood to connote the plural, and words which import the plural shall also be understood to connote the singular, as the matters referred to require. The masculine gender shall also be understood to connote the feminine and neuter genders, and vice versa. Unless otherwise stated herein, any reference to any agreement, instrument or statute means such agreement, instrument or statute as amended from time to time, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes or recodifications. b. Joint Construction. This Agreement is the joint work product of the Parties hereto and all terms herein are to be given their fair meaning, and this Agreement is not to be subject to any rule of interpretation construing it against the drafter. Article II — Lease of Conduit 2.1 Lease of City Conduit. The City hereby leases, demises and sets off to the Authority the Lease Area in one (1) City Conduit in the segments and as depicted on Schedules 1.1 and 1.2, attached hereto and incorporated herein by reference. 2.2 Access. The City grants to the Authority a non-exclusive license to access the Authority Fiber in the City Conduit, and to construct, reconstruct, operate, maintain, and rebuild the Authority Fiber subject to the terms and conditions set forth in this Agreement. The City reserves the right to grant similar uses, franchises, permits or any other rights with regard to the Public Rights of Way or any other City interest to any person, provided such grant does not materially inhibit the rights of the Authority as set forth in this section. The rights granted in this section are subject and subordinate to any rights granted to any person by the City. 2.3 Assignment and Subletting. The Authority shall not assign the rights leased in this Article or any part thereof without the express, written consent of the City; provided, however, that the consent of the City shall not be required for any lease of the use of dark fiber or Communications Services provided through the use of the Authority Fiber to be installed in the City Conduit. Article III — Term The Term of this Agreement shall be twenty (20) years from its Effective Date. Article IV — Lease Payment No later than the Effective Date of this Agreement, the Authority shall pay to the City One Million Three Hundred Thousand Dollars ($1,300,000.00) in consideration of the rights leased to the Authority in this Agreement.