Agmt04 Astound Telecom Services - Laserfiche WebLink

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C. Grantor shall be responsible for the purchase and ongoing maintenance of all terminal and activation equipment used to provide communications services using the MJF Network constructed by Grantee pursuant to this Exhibit; provided, however that (1) Grantee shall recommend the appropriate terminal and activation equipment; (2) Grantee shall negotiate with vendors to obtain a firm price quote for the purchase and installation of equipment specified in this Exhibit and shall pay to SAMCAT, as trustee for the Participating Cities and coordinator of the operation of the MJF Network, the amount of such quote, which funds shall be used by SAMCA T for the purchase and installation of such equipment; (3) Grantee shall assist SAMCA T and equipment vendors to coordinate the installation of such equipment at all of the locations specified in Section A(1) of this Exhibit E; and (4) Grantee shall test and validate the MJF Network performance prior to Grantor acceptance. D. The MJF Network shall be installed to all participating municipalities and be fully operational by no later than nine (9) months from the Effective Date of Amendment NO.1. Grantee's failure to meet this deadline shall be deemed to be a material breach of this Agreement and subject Grantee to all available remedies, including termination of the Franchise. E. Grantee shall lease the optical fiber used for the MJF Network to SAMCA T and the Participating Cities for a period of twenty-five (25) years from the date of activation of the entire network, at a lease cost of one dollar ($1.00) per year. F. Grantee shall maintain all portions of the MJF Network external to the connected public buildings, at no cost, for the term of the lease. G. No later than ten (10) days after the Effective Date of Amendment No.1, Grantee shall provide one (1) construction performance bond (the "MJF Performance Bond") in the amount of Two Hundred Fifty Thousand Dollars ($250,000) to insure the installation and activation of the MJF Network referenced in A and B above. The MJF Performance Bond shall be issued to SAMCAT, as trustee for those jurisdictions to be connected to the MJF Network, and shall be in a form acceptable to SAMCAT legal counsel. The MJF Performance Bond may be released after written acceptance of the MJF Network by each of the Participating Cities, providing that there are then no outstanding material violations of this Exhibit. H. Within thirty (30) days after the Effective Date of Amendment No.1, Grantee shall provide to SAMCAT, with a copy to Grantor a written detailed design and installation plan for the MJF Network, including details of terminal equipment, installation locations and implementation Page 6 of 10