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Docusign Envelope ID: 630D402A-480E-441F-B23E-642A498E5ED5 location and specific details (i.e., underground depth, above -ground height, OPS coordinates, etc.) of all ; (ii) a current Master Plan showing ahigh- Network Facilities presently installed within the City's limits, design of all Network Facilities presently intended to be installed over the five-year period from the permit application date, which shall include the planned locations for all excavations, hand holes, surface - mounted Network Facilities, aerial wireline Network Facilities and undergrounded Network Facilities; (iii) the Bond (as defined in Section 7 of this Agreement); and (iv) evidence of all insurance coverages required pursuant to this Agreement. Within the month of January in each calendar year throughout the term, ENCROACHER shall provide an updated Master Plan, showing, to the extent applicable, any change to the Master Plan submitted in the prior year. ENCROACHER understands and acknowledges that any Master Plan tendered to CITY shall not create any right or expectation in or to the Network Facilities and other improvements shown therein and that any requests for authorization, permits or other approvals for such Network Facilities may be denied by CITY in accordance with Laws. ENCROACHER further understands and acknowledges that information contained within any Master Plan may be: (a) geographic information system ("GIS") to show the location of existing Network Facilities within the deemed to be a public record subject to disclosure in accordance with Laws; (b) incorporated into CITY's Public Rights -of -Way, to the extent the Facilities are actually installed; and (c) used by CITY for any lawful purpose, which includes without limitation coordinating joint trenches and other similar projects among users of the Public Rights -of -Way. ENCROACHER does not warrant the continuing accuracy of the Master Plan or any updates to the Master Plan as it relates to anticipated projects, and ENCROACHER may, in its sole discretion, deviate at any time from the Master Plan as it relates to anticipated projects, subject, however, to ENCROACHER updating the Master Plan and obtaining all appropriate and necessary Encroachment Permits and other licenses, permits, authorizations, and approvals required under this Agreement. 2.4 ENCROACHER shall not install or erect any Network Facilities or apparatus in or on other public property or places, or within any privately owned area within CITY which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision or parcel map approved by CITY without obtaining the prior written approval of the City Engineer and all other required permits and approvals consistent with applicable Laws, which may include, at the CITY's sole discretion, a separate agreement for use and occupancy of such space. 2.5 ENCROACHER is not authorized to place any facilities, equipment or apparatus other than Network Facilities in the Public Rights -of -Way, without first obtaining all required written authorizations, permits and approvals (including any necessary franchises or other written agreements) from the CITY. 2.6 ENCROACHER shall comply with any lawful provision that the CITY may adopt in the future requiring it to obtain a franchise or other authorization, and may be required to do so as a condition of the continued effectiveness of this Agreement. CITY shall, subject to applicable Laws, be solely responsible for determining what written authorizations, approvals and/or permits are required. ENCROACHER agrees that once a written authorization, approval and/or Penn it is determined to be required, ENCROACHER shall first apply for same and pursue such application to a final decision before challenging the requirement. 7.7 This Agreement does not authorize ENCROACHER's use of any property other than the Public Rights -of -Way. Any use of any other CITY -owned or CITY -controlled real or personal property, including but not limited to poles and conduits, shall require a separate agreement. [SEC=PR OTECTE Dj