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,0/4,c-- / -f 7d (p') <br /> CONDUIT FACTLT IES <br /> THIS AGREEMENT, made this 5th day of March 1990 <br /> by and between CENTRAL TELEPHONE COP1PANY-NORTH CAROLINA, a Delaware <br /> corporation (hereinafter called "Licensor"), and Orange County <br /> a Government Agency amponatiart authorized to do business in N 0 RT H CA RO LIN A <br /> (hereinafter called "Licensee"): <br /> WITNESSETH: <br /> WHEREAS, Licensee is certificated to furnish telecom municatiors services <br /> within the State of North Carolina, and for such purposes desires to place cable <br /> facilities and associated equipment in the underground conduit system of Licensor; and <br /> WHEREAS, Licersor is willing to permit, to the extent that it may lawfully <br /> do so, the placement of said cable facilities and equipment in its undetyfound conduit <br /> system where in the judgment of Licensor such use will not interfere with its own service <br /> requirements, or the service requirements of other parties jointly using Licensors <br /> undergrcund conduit system, including consideration of economy and safety. <br /> N 0 W, THEREFORE, in corsideration of the mutual covenants, terms and <br /> conditions herein contained, the parties hereto do hereby mutually covenant and agree as <br /> follows: <br /> 1. Before placement of any facilities in the underground conduit systems of <br /> the Licensor, Licensee shall make application and receive a permit <br /> therefore in the form of Exhibit A, hereto attached and made a part <br /> hereof. The granting of permits shall be at the sole discretion of <br /> Licensor. Licensee shall notify Licensor five (5) days in advance of any <br /> placement or scheduled maintenance activity so that Licensor can take <br /> appropriate security and operational measures. This will not apply in the <br /> event of an emergency. <br /> 2. $ is understood by Licensee that Licensor has heretofore entered into, and <br /> may in the future enter into, contractual agreements with other parties for <br /> the joint use of its underground conduit system and ducts or sub-ducts <br /> thereof. Therefore, any application submitted by Licensee under terms of <br /> this Agreement and any license granted by Licensor shall be subject to the <br /> attachment rights which may be exercised by such other parties under <br /> joint-use agreements, as provided in Paragraph 4 hereof. <br />