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days at peak times (6pm to 12am) to demonstrate that 80% of their speed tests achieve 80% of <br />their offered speeds and that network round trip latency is below 100 milliseconds. Testing <br />results will be shared with the COUNTY and any failing tests will require CONTRCTOR to <br />remediate within 60 days to avoid default under the Network Operation requirement. <br />CONTRACTOR will have the right to manage and control all aspects of the customer <br />relationships with Subscribers to the CONTRACTOR Services. The CONTRACTOR Services <br />will in all cases be offered in compliance with this Agreement and demonstrated within the <br />CONTRACTOR's Internet Terms & Conditions, Internet Acceptable Use Policy, and all other <br />applicable terms, conditions, and policies (collectively, the "CONTRACTOR Terms"), and <br />CONTRACTOR reserves its right to restrict or terminate a Subscriber's use of any <br />CONTRACTOR Service in accordance with the CONTRACTOR Terms. <br />8. Subscriber Connections. As Subscribers order CONTRACTOR Services, CONTRACTOR <br />will fund the construction of all facilities from an appropriate drop -point on the County Funded <br />Network to each applicable Subscriber premises (the "Drop Facilities"). CONTRACTOR will <br />only be required to install these Drop Facilities as and when the applicable premises owner <br />requests services from CONTRACTOR and permits CONTRACTOR access to the premises <br />owner's property. Following a premises owner's request for service, CONTRACTOR will enter <br />into an agreement for services with the owner and will thereafter furnish and install the necessary <br />Drop Facilities in coordination with the owner. <br />Monthly service fees will be equal to those charged to similarly situated subscribers in other <br />counties of Washington. In each instance where a premises owner requests service and executes <br />the applicable agreement for services, CONTRACTOR will install the Drop Facilities to an <br />appropriate demarcation point at the owner's premises and will furnish the customer premises <br />equipment ("CPE") needed for the owner to receive the services. The use of CONTRACTOR's <br />fiber router may be required for the service to function as intended. For clarity, all Drop <br />Facilities and CPE are not County Funded Network facilities and will therefore be owned by <br />CONTRACTOR at all times during the Term. Additionally, CONTRACTOR will continue to <br />own all Drop Facilities and CPE following termination of this Agreement unless any Drop <br />Facilities are purchased by the COUNTY as contemplated by this agreement. CONTRACTOR <br />shall provide a minimum of two cabinets at each of the two build locations, Thorp and <br />Edgemont. <br />9. Subscriber Data Management and Privacy. CONTRACTOR will not block, throttle, or <br />otherwise impede any lawful traffic and will manage end user data and privacy in accordance <br />with policies established and published at the above link containing the CONTRACTOR Terms. <br />These policies include CONTRACTOR's Broadband Management Policies, Open Internet <br />Information FAQs, and Privacy Policy, all available at the above link. The Network Asset and <br />Subscriber data will be managed by CONTRACTOR in the same manner as CONTRACTOR <br />manages its network and subscriber data generally for all residents of the state of Washington. <br />Professional Services Agreement <br />Page 26 <br />