Resolution_WSBO_Award Lightcurve

Home Browse Search

applicable area inclusive of the Seattle, Washington area, as agreed to by the parties. The Qualified ISP 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 at the fastest current commercially available service level, at no charge to the County 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 for the installation, maintenance, and security for any local WiFi service at such public facility; and this free service 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 results in the inappropriate use thereof under Contractor Terms as defined below in Section 7 or under applicable law or that results in 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 these free 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 specify measurement on seven (7) consecutive days at peak times ( 6pm to 12am) to demonstrate that 80% of their speed tests achieve 80% of their offered speeds and that network round trip latency is below 100 milliseconds. Testing results will be shared with the County and any failing tests will require Contractor to remediate within sixty (60) days to avoid default under the requirements of this Exhibit B. Contractor will have the right to manage and control all aspects of the customer relationships with Subscribers to the Contractor Services. The Contractor Services will in all cases be offered in compliance with this Agreement and demonstrated within the Contractor's Internet Terms & Conditions, Internet Acceptable Use Policy, and all other applicable terms, conditions, and policies (collectively, the "Contractor Terms"), and Contractor reserves its right to restrict or terminate a Subscriber's use of any Contractor Service in accordance with the Contractor Terms. 8. Subscriber Connections. As Subscribers order Contractor Services, the Contribution will fund the construction of all facilities from an appropriate drop point on the County Funded Professional Services Agreement Page 26 of 35