§ 1. COMPANY'S RIGHT OF USE.

(a)

Pursuant to the terms of this Agreement, the Municipality acknowledges that the Company is authorized to use and occupy the streets, alleys, public ways and thoroughfares of the Municipality for the purpose of constructing, maintaining and operating it poles, wires, conduits, cables, anchors, towers, transmission lines, manholes, piers, abutments, and other structures and facilities used in or incidental to the provision of telephone or telegraph services to the public.

(b)

The Company's right to use and occupy said streets, alleys, public ways and thoroughfares of the Municipality shall not be exclusive, and the Municipality reserves the right to grant a similar use of said streets, alleys, public ways and thoroughfares to any person, firm or corporation at any time during the period of this Agreement, provided that if local exchange telephone service is either offered or provided within all or any portion of the corporate limits of the Municipality by any person, firm or corporation other than the Company, such person, firm or corporation enters into a similar agreement with the Municipality, including the requirement that such other person, firm or corporation pay to the Municipality a percentage of its gross receipts from local exchange telephone service not less than the percentage required of the Company under section 2 (a).