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A. The Aviation Director may issue temporary non-exclusive revocable licenses to provide temporary access to the airport for limited use of the airport, including for environmental testing and construction, under such terms and conditions deemed to be necessary or convenient by the Aviation Director.

B. The Aviation Director may issue non-exclusive license agreements to allow utilities to provide utility service and maintenance at the airport for the period of time and under such terms and conditions deemed necessary or convenient by the Aviation Director.

C. The Aviation Director may issue non-exclusive, revocable, month-to-month license agreements with airport tenants to allow the tenants to use the Airport Premise Distribution System (PDS), subject to the following definition, rates, and terms.

1. The PDS is the infrastructure located entirely on the airport premises that can be used for communication between points on the airport. The PDS is not a network or communications service, but it provides only the infrastructure that is necessary for airport tenants to establish these types of services for their own use over a secure infrastructure maintained by the Technology Division of the Aviation Department.

2. The rates for using the PDS are as follows:

DESCRIPTION

MONTHLY RATE

SETUP (ONE TIME COST)

Use for a point to point connection in a single building

$71.88

$120.00

Each additional single building use

$35.94

$60.00

Use for point to point connection between separate airport buildings

$215.63

$360.00

Each additional separate building/concourse use

$107.81

$180.00

A. The monthly rate shall be adjusted annually based on the Consumer Price Index (CPI) plus one half of a percent for administrative costs on January 1 of each year.

3. The license shall include the following terms:

A. Term will be month-to-month.

B. Tenant may cancel the license at any time in writing.

C. The rate will be charged in whole months and will not be prorated.

D. The Aviation Director may terminate the license without cause at any time.

E. License will automatically terminate when tenant vacates the premises where the connectivity exists.

F. Tenant shall leave the connectivity infrastructure in place upon vacating the premises or upon termination of the license.

G. Tenant is solely responsible for installation and maintenance of all equipment the tenant uses in connection with the infrastructure.

H. Tenant shall be responsible for, and indemnify the City for, any damages to the infrastructure caused, in any part, by tenant’s action or omission.

I. Tenant shall hold the City of Phoenix harmless from any consequential damages that may result from any use, interruption or failure of the infrastructure.

J. Any other terms and conditions deemed necessary or convenient by the Aviation Director. (Ord. No. G-4116, § 2, 1998; Ord. No. G-4786, § 1, 2006; Ord. No. G-4871, § 1, 2007)