Common use of Sub-licensing Clause in Contracts

Sub-licensing. Licensee shall not sub-license space on a CPS Energy Pole to any third- party, or place an Attachment or Overlash for the benefit of any third-party on a Pole or Attachment Arm. Any such action shall constitute a material breach of this Agreement. The use of Licensee’s Communications Facilities by third-parties (including, but not limited to, leases of dark fiber) that involves no additional Attachment or Overlash is not subject to the provisions of this Section 9.3.

Sub-licensing. Licensee shall not sub-license space on a CPS Energy Pole to any third- party, or place an Attachment or Overlash for the benefit of any third-party party, including an Affiliate, on a Pole or Attachment Arm. Any such action shall constitute a material breach of this Agreement. The use of Licensee’s Communications Facilities by third-parties (including, but not limited to, leases of dark fiberfiber or leased telecommunications services) that involves no additional Attachment or Overlash is not subject to the provisions of this Section 9.3.

Sub-licensing. Licensee shall not sub-license space on a CPS Energy Pole or Streetlight Pole to any third- third party, or place an Attachment or Overlash a Wireless Installation for the benefit of any third-party party, including an Affiliate, on a Pole Pole, Streetlight Pole, or Attachment Arm. Any such action shall constitute a material breach of this Wireless Installation Agreement. The use of Licensee’s Communications Facilities by third-parties (including, but not limited to, leases of dark fiber) that involves no additional Attachment or Overlash is not subject to the provisions of this Section 9.3.

Sub-licensing. Licensee shall not sub-license space on a CPS Energy Pole or Streetlight Pole to any third- third party, or place an Attachment or Overlash a Wireless Installation for the benefit of any third-party party, including an Affiliate, on a Pole Pole, Streetlight Pole, or Attachment Arm, unless such third- party shall also be party to (a) a Wireless Agreement; and (b) the Pole Attachment Standards. Any such action shall constitute a material breach of this Wireless Addendum and the Agreement. The use of Licensee’s Communications Facilities by third-parties (including, but not limited to, leases of dark fiber) that involves no additional Attachment or Overlash is not subject to the provisions of this Section 9.3.

Sub-licensing. Licensee shall not sub-license space on a CPS Energy Pole to any third- party, or place an Attachment or Overlash for the benefit of any third-party party, including an Affiliate, on a Pole or Attachment Arm. Any such action shall constitute a material breach of this Agreement. The use of Licensee’s Communications Facilities by third-parties (including, but not limited to, leases of dark fiber) that involves no additional Attachment or Overlash is not subject to the provisions of this Section 9.3.

Sub-licensing. Licensee shall not sub-license space on a CPS Energy Pole to any third- party, or place an Attachment or Overlash for the benefit of any third-party party, including an Affiliate, on a Pole or Attachment Arm. Any such action shall constitute a material breach of this Agreement. The use of Licensee’s Communications Facilities by third-parties (including, but not limited to, leases of dark fiber) that involves no additional Attachment or Overlash is not subject to the provisions of this Section 9.3.