144-18 Exhibit-Agreement with Cross River Fiber for Installation of Fiber Optics Cable in Public Right of Way.pdf

WHEREAS, the consent granted herein is for the non-exclusive use of the Public Rights-of- Way within the Township for the purpose of owning, constructing, installing, operating, and maintain- ing a telecommunications system. NOW THEREFORE, in consideration of the mutual covenants and obligations hereinafter set forth, the Township and Cross River Fiber hereby agree to and with each other as follows: Section 1. Definitions a. "BPU" is the New Jersey Board of Public Utilities. b. “Cross River Fiber” is the grantee of rights under this Use Agreement and is known as Cross River Fiber, their successors and assigns. c. "Township" is the grantor of rights under this Use Agreement and is known as the Township of West Orange, State of New Jersey. d. "Public Utility" means any public utility defined in N.J.S.A. 48:2-13. e. “Public Rights-of-Way” means the space in, upon, above, along, across, over, and through any public land, road, street or highway of the Township, including lands with public utility facilities as the same now or hereafter may exist, that are under the juris- diction of the Township and depicted in the drawings attached hereto as Exhibit “A.” This term shall not include Township, state, or federal rights-of-way or any property owned by any person or agency other than the Township, except as provided by appli- cable Laws or pursuant to an agreement between the Township and any such person or agency. f. “Telecommunications Facilities” or “Facilities” means fiber optic network and associ- ated equipment. g. "Utility Pole" means, in addition to its commonly accepted meaning, any wires or 2