Common use of Nonexclusive Clause in Contracts

Nonexclusive. This Agreement and all rights granted to Company herein are strictly nonexclusive. The City reserves the right to grant other and future licenses and other authorizations for use of the Public Rights-of- Ways to other Persons in accordance with applicable law and as the City deems appropriate; provided, however, that as to the grant of subsequent licenses for use of the same Public Rights-of-Ways that is solely within the discretion of the City, if a dispute arises as to priority of the use of the Public Rights-of-Ways, the City will resolve such dispute in a manner that does not result in unreasonable interference with Company’s operation of the Pipeline for the purposes provided for herein. This Agreement does not establish any priority for the use of the Public Rights-of-Ways by Company or by any present or future licensees or other permit holders. In the event of any dispute as to the priority of use of the Public Rights-of- Ways, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas.

Nonexclusive. This Agreement and all rights granted to Company herein are strictly nonexclusive. The City reserves the right to grant other and future licenses and other authorizations for use of the Public Rights-of- Ways of-Way to other Persons and entities in accordance with applicable law and as the City deems appropriate; provided, however, that as to the grant of subsequent licenses for use of the same Public Rights-of-Ways Way that is solely within the discretion of the City, if a dispute arises as to priority of the use of the Public Rights-of-WaysWay, the City will resolve such dispute in a manner that does not result in unreasonable interference with Company’s 's operation of the Pipeline for the purposes provided for herein. This Agreement does not establish any priority for the use of the Public Rights-of-Ways Way by Company or by any present or future licensees or other permit holders. In the event of any dispute as to the priority of use of the Public Rights-of- Waysof-Way, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. 2.3.

Nonexclusive. This Agreement and all rights granted to Company herein are strictly nonexclusive. The City reserves the right to grant other and future licenses and other authorizations for use of the Public Rights-of- Ways of-Way to other Persons and entities in accordance with applicable law and as the City deems appropriate; provided, however, that as to the grant of subsequent licenses for use of the same Public Rights-of-Ways Way that is solely within the discretion of the City, if a dispute arises as to priority of the use of the Public Rights-of-WaysWay, the City will resolve such dispute in a manner that does not result in unreasonable interference with Company’s operation of the Pipeline Wireless Infrastructure for the purposes provided for herein. This Agreement does not establish any priority for the use of the Public Rights-of-Ways Way by Company or by any present or future licensees or other permit holders. In the event of any dispute as to the priority of use of the Public Rights-of- Waysof-Way, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as determined by the City in the exercise of its powers, including its authority as owner/trustee of the Public Rights-of-Way and the police power and other powers reserved to and conferred on it the City by the State of Texas. It is understood that be execution of this Agreement, the City does not waive or surrender any of its governmental powers.

Nonexclusive. This Agreement and all rights granted to Company herein are strictly nonexclusive. The City reserves the right to grant other and future licenses and other authorizations for use of the Public Rights-of- Ways of-Way to other Persons and entities in accordance with applicable law and as the City deems appropriate; provided, however, that as to the grant of subsequent licenses for use of the same Public Rights-of-Ways Way that is solely within the discretion of the City, if a dispute arises as to priority of the use of the Public Rights-of-WaysWay, the City will resolve such dispute in a manner that does not result in unreasonable interference with Company’s operation of the Pipeline for the purposes provided for herein. This Agreement does not establish any priority for the use of the Public Rights-of-Ways Way by Company or by any present or future licensees or other permit holders. In the event of any dispute as to the priority of use of the Public Rights-of- Waysof-Way, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as determined by the City in accordance with this Section 2.2 and in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas.