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AgdaPkt 2004-09-13
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AgdaPkt 2004-09-13
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7/16/2012 4:00:31 PM
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9/9/2004 1:08:06 PM
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CC Index
CC Index - Document Type
Agenda Packet
Date
9/13/2004
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Cv.�-� - � 1 <br /> C. Grantor shall be responsible for the purchase and ongoing <br /> maintenance of all terminal and activation equipment used to provide <br /> communications services using the MJF f�etwork constructed by Grantee <br /> pursuant to this Exhibit; provided, however that (1) Grantee shall <br /> recommend the appropriate terminal and activation equipment; (2) <br /> Grantee shall negotiate with vendors to obtain a firm price quote for the <br /> purchase and installation of equipment specified in this Exhibit and shall <br /> pay to SAMCAT, as trustee for the Participating Cities and coordinator of <br /> the operation of the MJF Network, the amount of such quote, which funds <br /> shall be used by SAMCAT for the purchase and installation of such <br /> equipment; (3) Grantee shall assist SAMCAT and equipment vendors to <br /> coordinate the installation of such equipment at all of the locations <br /> specified in Section A(1) of this Exhibit E; and (4) Grantee shall test and <br /> validate the MJF Network performance prior to Grantor acceptance. <br /> D. The MJF Network shall be installed to all participating municipalities <br /> and be fully operational by no later than nine (9) months from the Effective <br /> Date of Amendment No. 1. Grantee's failure to meet this deadline shall be <br /> deemed to be a material breach of this Agreement and subject Grantee to <br /> all available remedies, including termination of the Franchise. <br /> E. Grantee shall lease the optical fiber used for the MJF Network to <br /> SAMCAT and the Participating Cities for a period of twenty-five (25) years <br /> from the date of activation of the entire network, at a lease cost of one <br /> dollar ($1.00) per year. <br /> F. Grantee shall maintain all portions of the MJF Network external to <br /> the connected public buildings, at no cost, for the term of the lease. <br /> G. No later than ten (10) days after the Effective Date of Amendment <br /> No. 1, Grantee shall provide one (1) construction performance bond (the <br /> "MJF Performance Bond") in the amount of Two Hundred Fifty Thousand <br /> Dollars ($250,000) to insure the installation and activation of the MJF <br /> Network referenced in A and B above. The MJF Performance Bond shall <br /> be issued to SAMCAT, as trustee for those jurisdictions to be connected to <br /> the MJF Network, and shall be in a form acceptable to SAMCAT legal <br /> counsel. The MJF Performance Bond may be released after written <br /> acceptance of the MJF Network by each of the Participating Cities, <br /> providing that there are then no outstanding material violations of this <br /> Exhibit. <br /> H. Within thirty (30) days after the Effective Date of Amendment No. 1, <br /> Grantee shall provide to SAMCAT, with a copy to Grantor a written <br /> detailed design and installation plan for the MJF Network, including details <br /> of terminal equipment, installation locations and implementation <br /> Page 6 of 10 <br />
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