Resolution_Broadband PSA_Consolidated

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retest the fiber(s) and again notify the CONTRACTOR that the fiber(s) are accepted or do not comply in accordance with the procedures set forth in Section 3.2. If following said notice, the CONTRACTOR is unable or chooses not to bring the fiber(s) into compliance, this Lease shall then terminate as to such fiber(s). Open Network Access: After a period of three (3) years of operation of the Network Assets, the COUNTY may enter into agreements with third -party Internet Service Providers ("ISPs") to provide service over the COUNTY -Funded Network facilities. The COUNTY's business model leases fiber non -discriminately to ISP's licensed to do business in Washington State. The COUNTY has nondiscriminatory pricing for leasing fiber and will lease fiber to any qualified ISP. CONTRACTOR will provide the COUNTY with four fibers from the Network Assets for access by such ISPs at the locations set out on Exhibit A3. COUNTY use is solely and exclusively for use with third -parry qualified ISP's connecting to the COUNTY owned network. Nothing in this agreement shall provide the COUNTY with access to any other facilities or provide the COUNTY with the capacity to use the four fiber facilities in any other manner. For clarity, the four provide fibers at each network termination location shall be authorized for use by the COUNTY exclusively for enabling third party access to retail, end user subscribers on the network. It shall be the COUNTY's sole responsibility to enter into its desired agreement with said ISPs and at its own cost and expense provide access from the ISP's facilities to the four fibers that are available for Open Network Access. Such ISP may not use the CPE (as defined in Section 8 below) but must provide its own CPE. CONTRACTOR shall not be responsible for any operation or facilities of such ISP. For clarity, CONTRACTOR will provide four (4) fibers terminating in the right-of-way outside each fiber distribution location as specified in A3. The corresponding connection of these four fibers will be located in the right-of-way outside of a main CONTRACTOR distribution point. 4. Network Operation Contractor Fee. In consideration for right to maintain and operate the COUNTY Funded Network for commercial purposes as set out below in the Agreement, following the date of final acceptance of the Work related to the COUNTY Funded Network, CONTRACTOR shall pay an annual fee (the "Network Operation Fee") to the COUNTY of (a) $10,000 (ten thousand dollars) for the first year payable one month following the date the COUNTY makes the final agreement payment, (b) $20,000 (twenty thousand dollars) for the second year, and (c) $32,000 (thirty-two thousand dollars) starting year three. However, if by the end of the second year, CONTRACTOR has not attained at least 225 retail customers ("Threshold Customer Count") on this COUNTY Funded Network, the Network Operations Fee will be reduced by $120 per year for each retail customer below such Threshold Customer Count, provided however that such Network Operations Fee shall not be below $10,000 (ten thousand dollars) per annum The Network Operation Fee will be paid in one payment due on the anniversary of the completion of the network each year. CONTRACTOR's failure to pay the Network Operation Fee will be considered a default under Section 9 below. Should any payment by CONTRACTOR be late (e.g., not received by the COUNTY within 30 days of its due date), interest shall accrue at 12% per annum from the due Professional Services Agreement Page 24