201�03599
<br />Additional Services. "Additional Services" means any services other than the Multi-Channel Video
<br />Services, Voice Services, Data Services and Satellite Video Services that can be provided over the
<br />Infrastructure.
<br />Infrastructure. "Infrastructure" means internal (other than within a single family detached home or
<br />town house) and external wiring, cables, poles, conduits, molding, pipes, antennas, transmitters, receivers,
<br />servers, switch equipment, software, edge equipment, central processing units, audio, video or
<br />information servers, satellite earth stations, electrical connections, one or more equipment rooms andlor
<br />equipment cabinets with space sufficient for the insta.11ation, operation and maintenance of equipment
<br />room or equipment cabinet equipment and termination of transmission lines, and other facilities and
<br />equipment for the provision and delivery of Services.
<br />Services. "Services" means the Multi-Channel Video Services, Voice Services, Data Services, Satellite
<br />Video Services and Additional Services, each as more particularly defined above.
<br />3. Blanket Easement. Grantee, its successors, assigns, designees and licensees is hereby granted
<br />and sha11 retain an easement on, over, under and through all of the Property, with infrastructure location
<br />subject to Owner's reasonable approval to (i) sell, market and provide Services, and (u) design, construct,
<br />install, operate, market, maintain, upgrade, repair, replace, access and remove Infrastructure to provide
<br />Services. Subject to applicable law and subject to the provisions of Section 10 relating to Grantee's
<br />obligation to make certain easements available to regulated public utilities and public franchise video
<br />providers, during the term of the Agreement no provider of Services other than Grantee may also provide
<br />Services within the Property. Subject to applicable law, and in recognition of Grantee's obligations under
<br />Section 10 below to malce certain easements available to regulated public utilities and public franchise
<br />video providers, during the term of the Agreement Grantor, its successors and assigns, will not (i) grant
<br />any easements across all or a part of the Property to providers of Services other than Grantee in any
<br />portion of the Property that is not a public street, road, highway or sidewalk, or public right of way and
<br />(ii) will not grant or dedicate any street, road, sidewalk or highway or public right of way to a.ny public
<br />authority unless such grant expressly indicates that it is subject to this private easement. Subject to
<br />applicable law, even on portions of the Property which subsequently become a public street, road,
<br />sidewalk or highway or public right of way, no Infrastructure installed by or on behalf of Grantee may be
<br />used by any other party without the express written permission of Grantee, which permission may be
<br />withheld for any reason. Grantee's easement rights set forth herein shall include, without limitation, the
<br />right to transmit signals related to the provision of Services over the Infrastructure to serve residents of
<br />other properties within the Area.
<br />4. Perimeter Easement. Grantee is granted and sha11 have a five-foot easement (the "Perimeter
<br />Easement") on, over, under and through the outermost perimeter of the Property, and along any road or
<br />lot boundary within the Property, provided that if a public right of way or public easement intrudes into
<br />the Property, the Perimeter Easement sha11 be located from the edge of such right of way or ea.sement to
<br />five feet inside the Property from such edge. The Perimeter Easement shall be to sell, market and provide
<br />Services and to design, construct, install, operate, market, maintain, upgrade, repair, replace, access and
<br />remove Infrastructure to provide Services. Subject to applicable law, and in recognition of Grantee's
<br />obligations under Section 10 below to make certain easements available to regulated public utilities a.nd
<br />public franchise video providers, during the term of the Agreement Grantor, its successors and assigns,
<br />will not grant any easements across all or a part of the Perimeter Easement to a.ny providers of Services
<br />other than Grantee. ,
<br />5. Easement in Common Areas and Multi-Family Structures. Grantee is granted and shall have
<br />an easement on, over, under and through any common area or common properiy (including but not
<br />limited to utility areas, attics, and roofs) of a home Owners association, town house regime, multi-family
<br />apartment complex or condominium regime, now existing or hereinafter esta.blished within the Property
<br />(the "Common Area Easement"), to sell, market and provide Services and to design, construct, install,
<br />operate, market, maintain, upgrade, repair, replace, access and remove Infrastructure to provide Services.
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