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"Party" (collectively, "Parties") means IRC or LICENSEE (or both, when
<br /> collectively referred to), and their directors, officers, employees, and duly
<br /> authorized agents and representatives.
<br /> "Performance Specifications"shall have the meaning set forth in EXHIBIT
<br /> "B"
<br /> "Person" means any individual, for profit corporation, nonprofit corporation,
<br /> limited liability company, partnership, limited liability partnership, joint
<br /> venture, business trust, sole proprietorship, or other form of business
<br /> association.
<br /> "Poles" mean those Poles, to which electric power transmission and
<br /> distribution lines, or communications lines, or both, are attached.
<br /> "Provision" means any agreement, circumstance, clause, condition,
<br /> covenant, fact, objective, qualification, restriction, recital, reservation,
<br /> representation, term, warranty, or other stipulation in this Agreement or in
<br /> Law that defines or otherwise controls, establishes, or limits the
<br /> performance required or permitted by any Party hereto. All Provisions,
<br /> whether covenants or conditions, shall be deemed to be both covenants
<br /> and conditions.
<br /> "Public Rights-of-Way" means the areas owned, occupied or used by IRC
<br /> and other governmental entities or agencies, for the purposes of
<br /> transmitting and distributing electricity, water, sewer, storm drain, refuse or
<br /> communications commodity and/or distribution service, and the means of
<br /> public transportation, to the general public, including but not limited to, the
<br /> public alleys, avenues, boulevards, courts, curbs, gutters, lanes, circles,
<br /> drives, terraces, places, roads, sidewalks, sidewalk planter areas, streets,
<br /> and ways, in existence either at the Commencement Date or at any time
<br /> during the Term hereof.
<br /> "Public Easements" means any strip of land for public or private utilities,
<br /> drainage, sanitation, or other specified uses having limitations, the title to
<br /> which land shall remain in the name of the property owner, subject to the
<br /> right of use designated in the reservation of the servitude.
<br /> "Route-Mile" means a unit of measurement of the length of Dark Fiber as
<br /> set forth in Exhibit "A". For the purposes hereof, a linear mile of Dark Fiber
<br /> is equal to one (1) Route-Mile of Dark Fiber, but this does not include any
<br /> slack Fiber Optic Cable that may be incorporated into the design of the
<br /> Telecommunications Infrastructure, or any part thereof.
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