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IRU of the Fibers in the County Funded Network and Contractor's exclusive right and obligation to maintain and operate the Network Assets as granted herein. Service Level Agreement for Performance of Fiber Optic Cable: Optical Fiber Specifications: 1.1 Optical fiber within the County Funded Network will meet the specifications set forth below and measurable by optical time domain reflectometer ("OTDR"): Parameter Specifications Units Maximum attenuation 1310nm (A1) .50 db/km Maximum attenuation 1550nm (A2) .40 db/km Cladding diameter 125+ -3 nm Cutoff Wavelength 1250+400 nm Zero dispersion wavelength 1310+-12 nm Maximum dispersion (1285-1330nm) 3.5 ps/nm km Reference: EIA RS-455 test method 1.2 The Contractor shall test the Fiber(s) prior to the commencement of use for compliance with the technical specifications set forth above. Contractor shall provide County with notice that testing of the Fiber(s) has been completed. After receiving such Contractor notice, County shall either send an acceptance notice to the Contractor, acknowledging the acceptance of the Fiber(s) as tested or notify the Contractor that the Fiber(s) do not comply with the technical specifications. By sending an acceptance notice, the County acknowledges that the Fiber(s) listed in the Contractor notice comply with the applicable technical specifications. If the County fails to provide an acceptance notice or noncompliance notice within the three (3) business days, then the County shall be deemed to have accepted the Fiber(s). 1.3 In the event the result of any test performed in accordance with Section 3.2 herein shows that the Fiber(s) are not operating in accordance with the technical specifications set forth in Section 1.1 herein, the Contractor shall promptly take action that is reasonable to bring the Fiber(s) into compliance and shall notify the County when the Contractor believes that the Fiber(s) comply with the technical specifications. The County shall have ten (10) days following such notice to 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, Contractor's IRU 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 ISPs licensed to do business in Washington State. The County has nondiscriminatory pricing for leasing Fiber and will lease Fiber to any qualified ISP ("Qualified Professional Services Agreement Page 24 of 35