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EXHIBIT ''A'' NETWORK CONSTRUCTION 1. Introduction. It is the intent of the parties that CONTRACTOR provide Fiber to the Premise broadband access in accordance with the specifications set forth herein. Locations described in Exhibit A-2 will receive access to the Fiber to the Premise network as a result of this Project. 2. Project Description. CONTRACTOR shall construct a Fiber to the Premise data network capable of delivering speeds as a minimum of I Gbps symmetrical. The "'Work" is defined as the labor, materials, and services to be performed by CONTRACTOR as part of the Project, as described herein. 3. Project Timeline. The period of CONTRACTOR's performance shall begin within thirty (30) days of the COUNTY securing Project funding. If the COTINTY is not awarded a grant for project funding, this contract shall be null and void. The construction project contemplated in Attachment A will be completed by December 31,2026. Time shall be of the essence as to all dates and performance deadlines set forth in this Contract. 4. Service Requirement. Upon completion of the Project, the network shall be capable of offering Fiber based Internet access to all locations set out in Exhibit Al and Exhibit ,A.2 to this agreement and in accordance with Washington State Broadband Ofhce standards. 5. Project Contribution; Payment Terms. In consideration of the network construction services to be performed by CONTRACTOR, the COIINTY agrees to pay CONTRACTOR as a fee for the cost of construction and in consideration for the Work, a sum equal to $3,563,946 (the "Contribution"). Payment of the Contribution shall be made to CONTRACTOR in three (3) installments as follows: (i) the first installment of $1,78L,973 (representing50o/o of the fee) shall be payable within thirty (30) days of receipt by COUNTY of funding sources; (ii) the second installment of $890,986.50 (representing an additional25o/o of the Fee) shall be payable within 60 days at 50o/o substantial Project completion (95% completion or more) and (iii) the third installment of $890,986.50 (representing the remaining25o/o of the fee) payable within 60 days following completion of the Project. Agreement between the COUNTY and CONTRACTOR Project Managers will be sufficient to make the percent completion estimate. Written documentation signed by both is required. The amount of the fee has been established by the parties in anticipation of the orderly and continuous progress of the Project. Accordingly, CONTRACTOR's obligation to render the services for the amount of the fee will extend until the Work is completed in accordance with the scope of the Project outlined hereunder; provided, that the scope of the Work does not change or is not delayed through no fault of CONTRACTOR. In the event the scope of the Work is modified or delayed through no fault of CONTRACTOR, then the parties shall equitably adjust the fee using the Change Order process described in below. The COUNTY is solely responsible for and has sufficient funds to complete any elements of the Project in excess of the fee. Professional Services Agreement Page 14