Agmt06 Comcast of California - Laserfiche WebLink

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General. The Fiber Network shall be a private communications network, governed by this Agreement, the Franchise and the Cable Act, which may be used only by the City and any other Qualified Fiber Network User to communicate among themselves in a manner that is both Technically Compatible and Legally Compatible. The City agrees to require all Qualified Fiber Network Users to stipulate and agree to this limitation. 2. 2.1 2.2 "Technically Compatible" includes, but is not limited to, the understanding that the Fiber Network will not be used in any way that will interfere with the signal quality and the normal operation of the Subscriber Network. "Legally Compatible" includes, but is not limited to, the understanding that, except as expressly provided herein, the Fiber Network may not (i) be used to provide or receive Telecommunications Services; (ii) be used by or to serve any member of the general public except for governmental or educational uses; (iii) be interconnected with any other institutional network or other similar system except for governmental or educational uses. The Fiber Network may be connected to City owned and operated internal switches which allows Telecommunications use among the City and Qualified Fiber Network Users, and which will permit interconnection between the City and Qualified Fiber Network Users with carriers of Telecommunications Services certificated by the California Public Utilities Commission or information service providers, provided that the City pays any legally required fee for the transmission of data or Telecommunications to such third party providers. Notwithstanding the foregoing, if at any time it is determined by a court or agency or legislature of competent and controlling jurisdiction that the use or provision ofthe Fiber Network constitutes a Telecommunications Service, or that the provision of the Fiber Network by Grantee in accordance with this Agreement or the Franchise is unlawful, such use or provision of the Fiber Network shall cease immediately upon written notice from Grantee. 3. Engagement and Compensation of Grantee. 3.1 The City hereby engages Grantee to create and install the Fiber Network on the terms and subject to the conditions set forth in this Agreement. 4. Fiber Network Use. 4.1 4.2 4.3 5 The City is hereby granted the irrevocable right of continued use of the Fiber Optics provided specifically for City use and described in this Agreement, during the term of the Franchise and any extensions or renewals thereof. Appropriate uses of the Fiber Network include all Legally Compatible, noncommercial uses. Except as expressly set forth in this Agreement, no utilization charges shall be imposed for City's or any other Qualified Fiber Network User's use of the Fiber