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<br />@ SouthwesI:em BeI"'~'a~le <br /> <br />SW-9"J: <br />(Rev. I-'ll) <br /> <br />LICE:"ISING AGREEMENT <br />FOR POLE AITACHMEYrS <br /> <br />Contra,: Sl;.=~e: <br /> <br />Da.te A"pr~"ea <br /> <br />rHIS AGRE::~tE~7 is :uade effective on the 10 day oC Au~ust 19 92 by .an4 ;elwe::-1 <br />iOUTHwESTER~ SELL TELE?HO~E COMPANY. a. .\.tissoun Corporation cavina its prIncIpa.l omee In the City of 51. Louis. ~e:e~''1a{:er <br />taUed the Telco a.nd :be (olloWUl.1 aamed Corporation. pa.nnership or individual cnakina a.pplica.tion. for licen.se. aerei:l,a(te: caUed :~e <br />~pptic:a.nt: <br /> <br />The City of Paris, Taxas <br /> <br />SCOPE OF AGREE~1E:-;T <br />A. Subject to :::e i'tovlsions of this AlP'eement. Telco agrees to issue 10 Applicant Cor Ihe purposes limited 10 those out5ned h,e:em. <br />revocable. nonexclusive lic:ense(sJ authorizing the attachment aC Applicants facilities to poles or a.nchors \IIIltb.in lbe !oUo.....lng <br />itoVaphic aru(s): City of Paris, Texas <br />B. The ApplieaJ:u agrees !O be bound by aU provisions of this Agreement and of the licensees) provided j:tursuant to this IJreeme::1t. <br />C. No use. however extended. of poles. anch.on. iUY strands or payment of aoy fees or cha.rges requited under Ihis A~=ent snaU <br />crea.te or veSl in Applica.nl any easements or any olher ownership at property rights of a.ny nature in such poles. anc::ors. or i'':Y <br />strands. Applicant's rilJh.ts i.!ter issuance oC any attachment license shall be and remain a mere license. :--Ieilher this As:~e~~::t. <br />nor any license &ranted hereunder sha.l1 constitute an assignment oC any oi Telco's rights to use the public or prince ~rope::y <br />containing sue a poles. aochon. or illY strands. <br />D. Nothing in this Agreement shall be construed AS iraoting Applicant any right to attach to any specific part oC Telco's (a.eili:ies 0.:0 <br />compel Telco to grant Applicant the right to attach to any specific part ot Telco facilities. Applicant is only entitled 10 place 'Jne <br />cable facility per license:. Spinnini additional cables to exinin; facilily requires acquiring a new license a.nd additional billing <br />according to current rate structure. Where fa.cility tra.nsmits multi-services, such as CATV ..nd. non-CATV services unaer same <br />sheath. the tlWing charged will be a.t tbe hishest established rate for total facility. <br /> <br />E. The parties aaree that Telco's risht to locate and ma.intain its poles, anchors and guy strands a.nci to operale its taeUities i.D. <br />conjunction therewith in such a. manner u will best enable it to Cul!Ul its own service requirements is in no manner l.U:Uted by :his <br />Agreement. <br />F. Nothing contained. in this Asreement is intended by Ihe: parties to require Telco to construct, reconstruct, retain. exte:ft4.pla.ce or <br />maintain a.ny pole. a.ncb.or. iUY strand or other facility for use by the Applicant wben sucb facility is not needed for Telco's ,JWQ <br />service requiremea.u. <br />a. h is the intent o( the parties that nothi.cg contained in this Asreement should act u a. limitation. restriction. or prohibition agai.",sc <br />Telco with respect to any a.greement or I.lnngement which Telco bas hereto(ote eoterec1 into. or ma.y in the future cuter into. wllh <br />others not panies to this Agreement relardlng the poles, anchon aod iUY suand.s coverec1 by this Agreement exce~ that Telco <br />agrees that it will not interfere with the Applica.nt's authorized and licensed use of Telco's poles. ancbors. and strands. (f any su.:~ <br />agreement with a third party makes rearrangements of Applicant's facilities necessary, Applicant a.glees to cooperate in s'l:.ch. <br />rearrangement work wmch shall be performed at the e)(penn oC the third pa.ny. <br /> <br />I. FEES Al"D CHARGES <br /> <br />A. The Applicant ag:rees to a one time. noareCunc1a.ble adminisuation tee of $ -0- to cover Telco's costs (or prOCUStnl ::tis <br />Agreement a.nc1 a semi a.nnual billing cvea.t CI. a.ssoeiatcd with processinl fee stalements. <br />B. Where Applicant places more than one licensed fa.cility in a sie&le licensed cluct. which bas not been establish.ed by SIldivid.ing a <br />large duct into smaller ducu by inner c1uetmg, fees shall apply to eacb such license facility based upon the Fee Schedule set forth in <br />App.nclix l. <br />Where Applicant places more than ooe licensed facility in & sinaJ. Ucensed duct which bas been established a.s a result o( <br />subdividing... latl,r such duct by inner dUctinl. only... siDaJe semiannual f~ will apply based upon the Fee Schedule set forth i::1 <br />Appmclix l. <br />C. Nonpayment withia. thirty days uter receipt at the bill at any .amount due under this ^peement shall constitute... default ~y <br />Applic.ant ot this Ap-eement. <br />D. Upon at leut 60 days prior written nodee to AppU~aDt. Telco may make ~b&DIU in the amount at the fees &Dd charges specified in <br />APPENDIX I. Sw:,b, chanles sh&1l become effective 011 the first day at the month at January folloW'i111 the date at notice. In Ihose <br />cases wbere the FCC i.s revtawinl a metb.0401olY which would delay the issuUlC ot such Dotice. Telco shall make chuaes in the <br />amount ot the fees &114 chuges within 30 days &tttr tbe date the FCC cODSummate.s its flDc1inp and su~h change ill (ees and <br />charles shall apply reuoacUvely to the first day of January ot the year i.D wbicb the FCC consumma.tes its findlap aud shall ~e <br />bWed and pai4 aecord1n&1Y. Telco shall Jive AppU~a.ot at leut 60 days prior written DoUce of such relloaetive appllcation of fees <br />and chules. lVJ.y chaDlu in feu &Dd charles will bl based oa cost calculaUons &Dd/or market or otherslUcUes performed ~y <br />Tel~o. Notwithstandinl any other provisions ot this Alf"meat. AppU~aat may terminate this Agreement at tbe and of lbe DoUce <br />period. tt the chanles in fees &Dd charges are not acceptable to AppUcant. by Pvtnl wriltea notice at its eJection to laminate thiS <br />Apeemenl a.t lea.st 10 cl&ys prior to the enc1 ot the nOlice perioc1. <br />E. Unless AppUcant has give the written notice ot tennieation required by PUller.pb (D) I.bove, the amended fees and cbarles shall <br />become effective 00 tbe rmt day ot tbe January next following and shaJJ I.ulomatieally become a pan and be govemed by the ter::::.s <br />ot tbis "ifeement or. in the ease of relroactively appUed chanaes in fels and chuges. on the rust day of January allhe year :n <br />whi~h the FCC consummales its Clndinp. which evcr is appUcable. <br />F. Whenever AppUcuu is obUlated by any terms at this Alf"ment to reimbune Telco or joinl user(s) for costs. such costs will be <br />determined by the Telco at joint user(s) usinC their own It:Spe~EiYl cost accountinc systems used (or recording capital aIId expense <br />activities. <br /> <br />EXHIBIT A <br /> <br />Pale 1 o( 3 <br />