Resolution_WSBO_Award Lightcurve

Home Browse Search

operational control over the County Funded Network facilities. The following terms will apply in any transition of operational control over the County Funded Network from Contractor to the County or a Successor Operator: 15.1 If requested by the County, Contractor may elect to sell certain Drop Facilities (network connection to the outside wall of the customer premises from the County Funded Network, and as further described in Exhibit B, Section 8), funded by the Contractor, to the County or a Successor Operator in its sole discretion. The purchase price for any such sale may be determined by a mutually agreed independent third -party valuation expert. However, if any Drop Facilities are not purchased by the County or a Successor Operator, Contractor will have the right to either leave all or any of the Drop Facilities in place or to remove all or any portion of the Drop Facilities. If the County does not purchase any applicable Drop Facilities and Contractor elects to remove the Drop Facilities, the County will permit Contractor access to its property to remove such facilities as reasonably requested by Contractor. 15.2 To the extent any County Funded Network facilities are installed on Contractor - owned poles or within Contractor -owned conduit, Contractor will have the right, as of the termination date, to charge the County or the Successor Operator Contractor's then -standard pole attachment or conduit occupancy fees for the applicable pole or conduit. If requested by Contractor, the County or Successor Operator will enter into Contractor's then -standard pole attachment or conduit occupancy agreement for the applicable poles or conduit. However, following termination, Contractor will have the right to charge its standard pole attachment or conduit occupancy fees regardless of whether the County or Successor Operator enters into such an agreement, and unless otherwise provided in an agreement executed by the applicable parties, such fees will be payable by the County within thirty (30) days of the County's receipt of an invoice from Contractor therefor. 15.3 To the extent any County Funded Network facilities are installed on third party poles or within third party conduit or to the extent County is required to obtain any other rights from third parties to install and operate the County Funded Network, (collectively, "Third Party Required Rights"), following termination the County or a Successor Operator shall assume or acquire all obligations and occupancy fees applicable to third party pole attachment or conduit occupancy fees for the applicable pole or conduit utilized in the County Funded Network. Except as may be expressly provided in subsections 15.1- 15.3 above, Contractor will have no further obligation or liability with respect to the County Funded Network following termination of this Agreement for any reason. 16. Defense and Indemnity Agreement: Professional Services Agreement Page 7 of 35