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Agmt15 Astound Broadband, LLC
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Agmt15 Astound Broadband, LLC
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Last modified
8/27/2015 9:56:24 AM
Creation date
8/27/2015 9:56:23 AM
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Agreement
Contractor Name
Astound Broadband, LLC
PROJECT NAME
Conduit Occupancy Agrreement
RMP File Number
304.5
Date
8/21/2015
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of the Agreement, the National Electrical Safety Code, the National Electrical Code, applicable <br /> industry standards,and laws and regulations of any federal,state or local government,or any agency <br /> or instrumentality thereof, having competent jurisdiction over Licensee or the licensed Conduit. <br /> 3.6 No Interference with the other Partv's Facilities. Each Party shall exercise all <br /> reasonable precautions to avoid damage to the facilities of the other Party. <br /> ARTICLE 4-INSPECTIONS <br /> 4.1 Post-Installation and Safetv Insaections. Licensor reserves the right to inspect <br /> Licensee installation. licensor also reserves the right to make periodic inspections to determine if <br /> licensee's construction complies with the approved construction drawings, and all applicable codes <br /> or laws. Licensor shall have the right to require a jointly conducted physical inventory of Licensee's <br /> Facilities upon 45 days advance written notice. <br /> ARTICLE 5—REMOVAL OF LICENSEE FACILITIES <br /> 5.1 Notice. Licensee will follow all applicable Licensor permit requirements in the event <br /> that the Licensee needs to remove Facilities from the licensed Conduit. It is Licensee's sole obligation <br /> to identify and acquire all necessary permits prior to removal of Facilities from the Licensed Conduit. <br /> ARTICLE 6—COMPENSATION TO LICENSOR <br /> 6.1 Bandwidth Increases. As of the Effective Date, Licensor receives certain Internet <br /> access services from Licensee as more fully described below. In partial compensation for Licensee's <br /> use of the Licensed Conduit, Licensee shall, during the Term of this Agreement, at no additional <br /> charge to Licensor, increase the bandwidth capacity of those Internet access services as follows: <br /> 6.1.1 licensor and licensee are the parties to that certain Order for Internet Services <br /> dated October 29, 2013, which is governed by the terms and conditions of that certain Master <br /> Services Agreement between the Parties dated September 4, 2013 (together, the "Service Order"), <br /> pursuant to which licensor receives from Licensee a 100 Mbps/ 100 Mbps symmetrical dedicated <br /> fiber Internet access connection (the "Internet Service") delivered to Licensor's service site located <br /> at 1017 Middlefield Road, Redwood City, CA 94063, for the monthly recurring charge of One <br /> Thousand Four Hundred and No/100 Doltars ($1,400.00) (the "MRC"). In partial compensation for <br /> the rights granted to Licensee by this Agreement, during the Term of this Agreement, Licensee will <br /> increase the bandwidth of the Internet Service to 300 Mbps/ 300 Mbps at no increase in the MRC. <br /> Licensee's obligation to provide this free upgrade of the Internet Service shall remain in effect only <br /> so long as the Service Order is effective and Licensor is not in default under same. <br /> 6.1.2 Licensor receives from Licensee certain free broadband Internet access <br /> service. In partial compensation for the rights granted to Licensee by this Agreement, during the <br /> Term of this Agreement, Licensee will increase the speed of licensor's free Internet access <br /> connection to 110 Mbps download, 20 Mbps upload, at no cost to Licensor. <br /> 6.2 Fiber Strands. In partial compensation for the rights granted to Licensee by this <br /> Agreement, during the Term of this Agreement, Licensee will provide to Licensor, for Licensor's <br /> ATTY/AGR/2015.149/ASTOUND CONDUIT ACCESS FOR SM COUNTY <br /> REV:08-20-15 MLG <br /> Page 4 of 12 <br />
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