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4.3 Services to City. NextG agrees that at all times during the term of this Use Agreement it shall reserve one (1) wavelength of capacity consisting of approximately 1 gigabit per second of bandwidth, in the fiber owned or operated by NextG in the City for the City's exclusive use in operating a noncommercial, City-owned Wi-Fi network or for any other noncommercial, City- operated data network or communications function. 4.4 Electricity Charges. NextG shall be solely responsible for the accurate calculation and payment of all electrical utility charges to the applicable utility company or the City based upon the Equipment's usage of electricity and applicable tariffs, whether the Equipment is metered or unmetered. NextG will either pay the utility directly for its power consumption or reimburse the city for NextG's power consumption, as appropriate. NextG is responsible to pay for all charges in connection with its power consumption and accurate determination of its power consumption. 4.5 Payment. Right of Way Monthly Fee payments due to the City under this Section shall be made on or before the 30th day after each calendar month during the term of this Agreement, and thirty (30) days after the expiration of the term of this Agreement. Checks should be made payable to the City of Redwood City and mailed to the City of Redwood City, Attention Revenue Services, and delivered to PO BOX 391, Redwood City, California 94063, California. Payments to the City shall be processed by NextG per the above schedule with no invoice provided by the City. The place and time of payment may be changed at any time by City upon thirty (30) days' written notice to NextG. Mailed rental payments shall be deemed paid upon the date such payment is postmarked by the postal authorities. If postmarks are illegible to read, the payment shall be deemed paid upon actual receipt by the City Treasurer. NextG assumes all risk of loss and responsibility for late payment charges if payments are made by mail. The initial monthly fee shall be due and payable not later than thirty (30) days after the calendar month in which NextG has established Service to commercial customers in the City. 4.6 Delinquent Payment. If NextG fails to pay any amounts due under this Section within thirty (30) days from the due date, NextG will pay, in addition to the unpaid fees, a sum of money equal to one percent (1 %) of the amount due for each month and or fraction thereof during which the payment is due and unpaid. 4.7 Additional Remedies. The remedy provisions set forth in § 4.5 above are not exclusive, and do not preclude the City Manager or designee from pursuing any other or additional remedy in the event that payments become overdue by more than sixty (60) days. 4.8 Utility Users Tax. (1) NextG agrees to collect and remit a UUT (Utility Users Tax) from any non-carrier customers to whom it directly provides telecommunication or video services in the City; (2) NextG agrees to provide the City, on request, the names and addresses of all non-carrier customers that it serves in the City (telecommunications, data, or video); (3) NextG agrees to provide, on request of the City, the names of all carrier customers who receive services from NextG, and who have non-carrier customers in the City; and (4) In the event NextG sells its services directly to non-carrier customers in Redwood City, NextG agrees to be subject to the audit and records provisions of the City's UUT ordinances as amended from time to time. 5 CONSTRUCTION. NextG shall comply with all applicable federal, State, and City technical specifications and requirements and all applicable State and local codes related to the construction, installation, operation, maintenance, and control of NextG's Equipment installed in the Public Rights-of- Way and on Municipal Facilities in the City. NextG shall not attach, install, maintain, or operate any Equipment in or on the Public Rights-of-Way and/ or on Municipal Facilities without the prior written approval of the City for each location. Right-of-Way Use Agreement City of Redwood City:: NextG Networks of California, Inc. page 6 of15 .--..---.-.. . . -..----.---...... ----..-.- . ---... _.__. ...... -.-----".-...--...