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following provisions shall apply: <br />(a) Licensee understands and acknowledges that City had heretofore adopted a <br />Telephone Utilities Tax as codified in Chapter 3.26 of the LMC. In its provision of local <br />exchange services, whether directly or through resale, Licensee agrees to be bound by and <br />comply with said Ordinance, including payment of the tax in an amount equal to $8.00 per <br />annum for each Account, payable monthly in twelve (12) equal installments. In providing <br />local exchange services, Licensee hereby expressly agrees that it is and constitutes a <br />telephone utility within the meaning of Chapter 3.26 of the LMC and Licensee irrevocably <br />waives and relinquishes any right it has or may have to claim or assert that said LMC <br />provisions are invalid under law or should not be applied to Licensee, including, without <br />limitation, any claim that said provisions violates any provision of state law or the <br />Telecommunications Act. <br />(b) Pursuant to Chapter 3.30 of the LMC, the City has imposed an emergency <br />telephone charge ("E911 Charge") of $0.75 per month per exchange access facility, <br />wireless communications access and interconnected voice-over-internet-protocol service <br />provided within the Jurisdiction, as authorized by §29-11-100.5, et seq., C.R.S. Licensee <br />agrees to collect the E911 Charge from its customers and promptly remit same monthly to <br />City as provided by §29-11-103(1), C.R.S. <br />ARTICLE VI - SALES AND USE TAXES <br />1. Licensee agrees to obtain a sales and use tax license from the City and to comply <br />with all provisions of Chapter 3.20 of the LMC relating to sales and use taxes. <br />2. Licensee acknowledges and agrees that to the extent Licensee sells <br />telecommunications services to customers within the City, including the provision of interstate <br />telephone access service and interlata access service, such service is taxable by City pursuant to <br />Chapter 3.20 of the LMC, and Licensee shall collect such taxes from its customers and promptly <br />remit same to the City in accordance with Chapter 3.20 of the LMC. <br />ARTICLE VII - USE OF PREMISES <br />1. Facilities shall be located, installed and maintained so that none of the Facilities <br />endanger the lives, health or safety of persons, or interfere with any public improvements the City <br />or other governmental entities (including any storm water, sanitary sewer or water utilities or <br />enterprises) have in place or may deem proper to make, nor shall the location, installation or <br />maintenance of the Facilities hinder or obstruct the use of the streets or other public ways for their <br />public purposes, including but not limited to vehicular and pedestrian traffic. All Facilities shall <br />be so located as to cause minimum interference with the rights and reasonable convenience of <br />property owners of property which adjoins any Right of Way. <br />2. Prior to commencement of construction of any portion of its telecommunications <br />system within the City (other than Leased Facilities), Licensee shall furnish to the City the general <br />schematic plans for its Facilities, including system route maps, renderings of equipment boxes and <br />7 <br />