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AgdaPkt 2018-12-03 Joint SA PFA
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AgdaPkt 2018-12-03 Joint SA PFA
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Last modified
11/29/2018 5:57:51 PM
Creation date
11/29/2018 5:35:59 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
12/3/2018
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6.G. - Page 26 of 40 <br />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 Party'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 Safety inspections. 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 Dollars ($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 />150 <br />
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