Resolution_WSBO_Award Lightcurve

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ISP"). Contractor will provide the County with four Fibers from the Network Assets for access by such ISPs at the locations set out on Exhibit A3. County use is solely and exclusively for use with third -party qualified ISPs connecting to the County Funded Network. Nothing in this Agreement shall provide the County with access to any other facilities or provide the County with the capacity to use the four Fiber facilities in any other manner. For clarity, the four provided Fibers at each network termination location shall be authorized for use by the County exclusively for enabling third party access to retail, end user subscribers on the County Funded Network. It shall be the County's sole responsibility to enter into its desired agreements with said ISPs and at its own cost and expense provide access from the ISPs' facilities to the four Fibers that are available for Open Network Access pursuant to the Open Network Access design agreed to by the parties and set forth in Exhibit E. Such ISPs may not use the CPE (as defined in Section 8 below), but must provide their own CPE. Contractor shall not be responsible for any operation or facilities of such ISPs. For clarity, Contractor will provide four (4) Fibers terminating in the right-of-way outside each fiber distribution location as specified in Exhibit A3. The corresponding connection of these four Fibers will be located in the right-of-way outside of a main Contractor distribution point. 4. Network Operation Contractor Fee. In consideration for right to use, maintain, and operate the County Funded Network for commercial purposes as set out herein, following the date of final acceptance of the Work related to the County Funded Network, Contractor shall pay an annual fee (the "Network Operation Fee") to the County of (a) $15,000 (fifteen thousand dollars) for the first year payable one month following the date the County makes the final Agreement payment, (b) $25,000 (twenty-five thousand dollars) for the second year, and (c) $35,000 (thirty- five thousand dollars) starting year three and thereafter. However, if by the end of the second year, Contractor has not attained at least 450, retail customers ("Threshold Customer Count") on this County Funded Network, the Network Operations Fee will be reduced by $120 per year for each retail customer below such Threshold Customer Count, provided however that such Network Operations Fee shall not be less than $10,000 (ten thousand dollars) per annum. The Network Operation Fee will be paid in one payment due on the anniversary of the completion of the County Funded Network each year. The Network Operation Fee is in lieu of the fee set forth in Section 5 below. Contractor's failure to pay the Network Operation Fee will be considered a default under Section 9 below. Should any payment by Contractor be late (e.g., not received by the County within 30 days of its due date), interest shall accrue at 12% per annum from the due 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 next scheduled payment. 5. Qualified Third -Party ISP Fee. The County shall charge any Qualified ISP utilizing the County Funded Network a monthly fee for the use of the Fibers in the County Funded Network (the "Qualified ISP Fee"). The Qualified ISP Fee shall not be less than Twenty -Five Dollars ($25) per month per customer to which the Qualified ISP provides telecommunications services utilizing the County Funded Network. 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 ("CPIU") for the Seattle, Washington area, or if that is unavailable, for the West Region - Size Class B/C (2.5 million or less), and, if that is unavailable, for another Professional Services Agreement Page 25 of 35