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date until the date the late payment is received by the COUNTY and shall be paid by CONTRACTOR to the COUNTY on or before the scheduled payment. This fee is in lieu of the fee set forth in Section 5, below. 5. Qualified Third-Party ISP Fee. The COUNTY shall charge any Qualified ISP utilizing the COLINTY System a monthly fee for the use of the COLTNTY's System (the "Qualified ISP Fee"). The Qualified ISP Fee shall be equal to Twenty-Five Dollars ($25) per month per Customer the Qualified ISP provides telecommunications services to utilizing the COUNTY System. COUNTY may adjust the Qualified ISP Fee not more than once per calendar year for inflation, as reflected by increases in the Consumer Price Index for All-Urban Consumers ("CPI- U") for the Seattle, Washington area, or if that is unavailable, for the West Region - Size Class BIC (2.5 million or less), and, if that is unavailable, for another applicable area inclusive of the Seattle, Washington area, as agreed to by the Parties. This fee does not apply to CONTRACTOR. 6. Free Service to Public Buildings. CONTRACTOR shall provide one ethernet outlet of retail Internet service at each location defined by the COUNTY as designated public facilities during the life of the grant atthe fastest current commercially available service level, at no charge to the COIINTY in perpetuity, excluding school facilities, provided that the buildings are within the Project limits and such property locations are within 150 feet from the feeder cable of the system. If the property locations are beyond 150 feet, the COUNTY may elect to receive such service by paying for the necessary line extension beyond 150 feet. For clarity, this free service is an Internet connection only, the COUNTY is responsible the installation, maintenance and security for any local WiFi service at such public facility and does not contemplate any additional products or services that may be provided to other retail customers as optional services. The Internet service provided pursuant to this Section shall not be used for commercial or resale purposes and such outlets shall not be located in areas open to the public. The COUNTY shall take reasonable precautions to prevent any use of the network that result in the inappropriate use thereof under CONTRACTOR Terms as defined below or applicable law or any loss or damage to the Network Assets. The COUNTY shall hold the CONTRACTOR harmless for any and all liability or claims arising out of the provision and use of services provided to the COUNTY. 7. Network Operation Standards. As the operator of the COUNTY Funded Network, CONTRACTOR will interconnect the COUNTY Funded Network with its own network and will offer broadband Internet and other network services (the "CONTRACTOR Services") to end user customers within or proximate to the Project ("Subscribers"). CONTRACTOR warrants that Rural Digital Opportunity Fund (RDOF) standards are utilized and will operate and maintain the CONTRACTOR Services within commercially reasonable standards of service. Minimum Performance Testing - CONTRACTOR will conduct speed and latency tests pursuant to the FCC's RDOF testing standards. These standards prescribe quarterly testing for both speed and latency. The RDOF testing standards specifu measurement on 7 consecutive Professional Services Agreement Page25