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<br />Section 4. Joint Use of Poles, Trenches, and Conduits <br /> <br />(a) The Company may be required to attach its wires to poles owned and maintained by City <br />or another franchisee of the City, or to permit the wires of City or such other franchisee, to be <br />attached to the poles owned and maintained by the Company, upon reasonable terms and for just <br />compensation. In the event that Company and such other franchisee are unable to agree on terms <br />and compensation, or if the same are not otherwise resolved or determined within a reasonable time, <br />the City, after due notice and a hearing, may prescribe terms and set compensation. The Company <br />may require such other franchisee to furnish evidence of adequate insurance and provide indemnity <br />covering the City, in the event of another franchisee, and the Company and adequate bonds covering <br />the performance of such other franchisee attaching to the Company's poles as a condition precedent <br />to giving permission to such other franchisee to attach wires to Company poles. Company's <br />requirement for such insurance and indemnity must be reasonable. <br /> <br />(b) Wires shall be located on poles in compliance with applicable safety standards and shall <br />not interfere with the erection, replacement, operation, repair, or maintenance of the wires and <br />appurtenances of City or other franchisees of the City occupying the poles. Company shall not be <br />required to attach its wires to the poles of another franchisee of the City or to permit the wires of <br />another franchisee of the City to be attached to Company's poles ifit can be satisfactorily shown <br />that Company will be subjected to increased risks of interruption of service or liability for accidents, <br />or if the poles, wires, and appurtenances of such other franchisee are not of the character, design, <br />and construction required by or are not being maintained in accordance with modern practice, or if <br />sufficient clearance or space is not available on the pole. <br /> <br />(c) Company may be required by City to share trench space for cables or ducts with City or <br />another franchisee of the City for the placement of cables or wires underground. Compensation to <br />the Company, as well as terms of sharing trench space, shall be resolved as provided in subsection <br />(a) of this section. Also, City and Company may require insurance and indemnification as provided <br />in subsection (a). Ducts, cables, or wires shall be placed in trenches in compliance with applicable <br />safety standards and in a manner that does not interfere with Company's cables or wires, as provided <br />in subsection (b). <br /> <br />Section 5. Underground Conduits and Poles - Use by City <br /> <br />(a) If Company shall, from time to time, have spare ducts in its underground conduits or <br />spare pins, cross-arms, or space on any of its poles not then necessary in the conduct of its business, <br />it shall permit the City to use one such duct in each conduit or reasonable space on poles, or both, <br />for the City's police and fire alarm wires, traffic control wire or cable, fiber optic lines connecting <br />City facilities or other similar, appropriate, non-commercial, governmental use. If Company shall <br />construct or extend additional conduits or erect additional poles, the governing body of the City may <br />require the Company to provide one such duct in each conduit, or reasonable space on poles, or both, <br />for the City's own use as aforesaid. In either event, the City shall pay Company a fair rental <br />therefor. <br /> <br />3 <br />