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<br />PQLE LICF:l\SE AGREF.MENT <br /> <br />1111S AGREEMENt is made as of the _ day of ._, by and betw= Tc:xu <br />Utilities Electric Company (TU Elect,;c), a Tcxas corporation, and the City of <br />(City), " municipality. <br /> <br />R EClT A r.l; <br /> <br />Vt'HEREAS, TU Eeclric is " p'Jblic utiliIy company genc:rating, transmitting and <br />distributing electric power to iu customers and has COIlstructed Distribution Pol~ on' panions <br />a! City's streets, alleys, rights of way, easements and other public places in connection with the <br />construction and CJ?O.ration of its business; <br /> <br />WHEREAS, City has secured all required permits, licenses or other approvals to provide <br />inttmal data transmission; . <br /> <br />'W"HE.l(EAS, City desire.! 10 al'.ach Equipment to TU Electric's Distribution' Poles solely <br />for inte:mal data tr..nsmission purposes; and <br /> <br />WHEREAs, 'TIJ Electric is willing to allow City, pursuant to the terms and conditions' <br />a! this Agreeme.."lt, to attach Equipment to its Distribution Pol~ solely for those purposes; <br />the Puncs agree as follows: <br /> <br />Section I, DEfThTnONS. <br /> <br />1.1. 'Ay;reement' means this Pole License Atreement. <br /> <br />1.2. 'Authoriz.c.:l Re~resentati\'es' means the i.,diyiduals identified on Exhibit A to this ' <br />Agr=ent and a,'Y repl~ments for them made pursuant to the procec!ures p!Cscribcd in <br />Section 18. <br /> <br />1.3, 'Claims' means any and all claims. losses, Cltpc:nses, damages, demands, judgme."lts, <br />causes of action, suits a."ld Eabilil)', in tort, w-..rnnly, contract, or any other basis, and of ~e:y : <br />lcind and cha.-ac:er, including, wiL'loutlimit.r.tio:l, claims, losses, ~'SCS, dunages, demands, . <br />judgments, causes of action, suits and liability on acrollnt of peno:W i."ljuriC! or death, datnagc: <br />to prope.-,y or o;onomic lo~. <br /> <br />1.4. "Handy Whil= Inde>;" me.ar.s the 1ndex of Public Utility Coll$trlJetion Cosis' <br />complied a"d published by Whitman, Rc.qllardt and Asse>;i~. <br /> <br />1.5. "Distribution Poles' means the poh:s Jocaled wiLiin the prese.,t boundaries of the <br />Sc:rvicc Area that are owned solely by TU Eectrie Zlld have at:ached circuits of 25,000 volts <br />or less. <br /> <br />" <br />