Res 2011-121 - Laserfiche WebLink

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1.16 "System" means the Route, the Cable the Structures and the Associated Property of Grantor's DAS Network as identified in Exhibit A to the License Agreement, including but not limited to facilities that include the City Fibers. 1.17 "Term" shall have the meaning set forth in Section 7.1. 1.18 "Unscheduled Maintenance" means any repair, restoration or relocation of the City Fibers or associated segments of the System, other than Scheduled Maintenance. 2. IRU AGREEMENT 2.1 Agreement. Pursuant to Section 21(c) of the License Agreement, Grantor hereby grants as an in -kind contribution to the City, and the City does hereby accept, a sixty (60) year Indefeasible Right of Use of the City Fibers, as identified in Addendum B. 2.2 Nature of the IRU Agreement. This IRU Agreement does not convey any legal title to any real or personal property, including the Fibers, the Cable, or the System. The IRU Agreement does not include any electronic or optronic equipment used to transmit communications services or "light" the Fibers. 3. SCHEDULE AND UNSCHEDULE MAINTENANCE 3.1 Maintenance of City Fibers. Grantor shall provide all Scheduled and Unscheduled Maintenance of the City Fibers throughout the IRU Term. 3.2 Damage to City Fibers. In the event Grantee causes damage or Unscheduled Maintenance to the City Fibers as a result of the negligence or intentional willful misconduct of Grantee's employees, contractors or agents, Grantee shall pay 100% the Grantor's actual costs of providing Unscheduled Maintenance or repairing the damage of the City Fibers. 4. ACCEPTANCE TESTING 4.1 Fiber Acceptance Testing. Prior to delivery of the City Fibers to Grantee, Grantor will test the City Fibers to ensure that they conform to Cable Parameters. Grantor shall notify Grantee twenty -four (24) hours prior to testing of the City Fibers, and Grantee shall have the right to observe the testing. If the City Fibers do not conform with the Cable Parameters, Grantor shall take corrective action and notify Grantee of the time and date of retesting. Once the City Fibers have met the Cable Parameters, whether or not Grantee has elected to observe the testing, Grantor will notify Grantee in writing and the City Fibers will be deemed to have been accepted. The date of such deemed acceptance shall be the Acceptance Date. 5. USE OF CITY FIBERS AND ACCESS TO THE SYSTEM 5.1 Grantee's Rights of Use. Grantee acknowledges and agrees that the City Fibers are for its governmental non - commercial use. -3-