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to wILLIAMS in return for City permission to install fiber facilities in the right- <br />of way. Such acceptance in lieu of payment shall be available only under the <br />terms of this Agreement and only upon completion of an application and issuance <br />of all appropriate permits or licenses pursuant to City ordinances. Such a waiver <br />does not include any required application fees, or any license fees associated with <br />the application for the right to operate in the right of way. This acceptance of in <br />kind services in lieu of right-af-way use fees franchise fees} is one of the <br />standard benefits that all members of the Consortium shall extend to w~LL~AMS <br />in return for WILLIAMS' in kind services to the Consortium. <br />PERMITTED USES <br />C. The parties jointly acknowledge and agree that many of the communities within <br />the Consortium, or which may choose to join the Consortium at a later date, may <br />lack effective, meaningful and affordable access to advanced telecommunications <br />services. The pasties also jointly acknowledge and agree that the fundamental <br />obj ective of the City, and the Consortium of which the City is a member, under <br />this Agreement is to place facilities permitting the provision of such advanced <br />telecommunications services in rural or other communities which may be affected <br />by this Agreement as members of the Consortium. Except as otherwise provided <br />in this Agreements the parties further acknowledge and agree that once placed, the <br />CitylConsortiummoy use the facilities it receives under this Agreement for any <br />lawful purpose. The primary purposes far the City and fihe Consortium to be <br />advanced by the acquisition of the facilities is to provide facilities that could allow <br />advanced telecommunications services far schools; libraries, healthcare providers <br />and governmental entities and to stimulate and advance economic development <br />within the area served by the City and the Consortium. <br />The parties acknowledge that the fiber being provided by wILLIAMS is for local <br />use and not for resale or for pass-through use. For purposes of this section, local <br />use consists of the transmission of signals originating in and or ending within the <br />geographical confines of the Consortium. For purposes of this section pass- <br />throughuse means the carriage of signals that originate from an area outside the <br />geographical boundaries of the Consortium and are transmitted through the <br />geographical boundaries of the Consortium to a point outside the geographical <br />boundaries of the Consortium without affecting or being affected by users within <br />the geographical boundaries of the Consortium other than retransmission ar <br />regeneration without alteration of the signal. The Consortium warrants that before <br />any agreement is completed and becomes effective concerning the sale, lease <br />assignment, or transfer of any consideration or right provided by wILLIAMS, <br />wILLIAMS will be notified of the term of the proposed agreement and will be <br />provided an opportunity of first refusal, to whit, the right to replace the proposed <br />agreement with an agreement with the Consortium on the same terms and <br />conditions, giving WILLIAMS the rights of use set forth in the proposed <br />Agreement. If wILLIAMS decides not to exercise its right of first refusal, it shall <br />July 9,1999 Page 7 <br />