MUNICIPAL ACCESS AGREEMENT XXXX PARTY OF THE FIRST PART

The Parties acknowledge and agree that: (a) the use of the ROWs under this Agreement shall not create nor vest in the Company any ownership or property rights in the ROWs; and (b) the Company, and not the Town, is the owner of the Equipment, and the placement of the Equipment Within the ROWs shall not create or vest in the Town any ownership or property rights to the Equipment. [...] (b) If, in the opinion of the Town, the Company is unable to resolve the Conflict within a reasonable period of time, the Company shall choose to do one of the following: 11 (i) Remit payment to the Town in the amount of an invoice setting out the Town’s Costs directly resulting from the Conflict, within seven (7) days of receiving the invoice; or (ii) remove or relocate the Equipment or the porti. [...] (b) Subject to the provisions of this Article 8, the Company shall, within 90 days of receiving the notice from the Town (or such other time as agreed to by the Parties, having regard to the schedules of the Parties, the nature of the relocation required and the need for the Company to obtain MCs and ROPs from the Town and consents from Third Parties), relocate such Equipment and perform any other. [...] (b) If the Town advises that the new Equipment will be so affected and the Company, despite being advised of such, requests the Town to issue the MC, then the Town may issue a conditional MC stating that, if the Town requires, pursuant to any project identified in the capital works plan as of the date of approval, the Company to relocate the Equipment within two (2) years of the date of the MC, th. [...] Unless otherwise agreed to between the Company or the Town and the Third Party, neither the Company nor the Town shall be responsible under this Agreement for: (a) the costs of the Company to relocate Equipment at the request of a Third Party or; 14 or (b) the costs of relocating the facilities of a Third Party installed on or in the Equipment.