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"Associated Property" means, the tangible and intangible property necessary for the use of the
<br /> Dark Fiber (fiber without light) for the purposes described in this Agreement, including but not
<br /> limited to the associated conduit. "Associated Property" does not include electronic, optronic,
<br /> optical or other necessary equipment.
<br /> "Cable" means the fiber optic cable and the fibers contained therein, including the Dark Fiber, and
<br /> associated splicing connections, splice boxes, and vaults to be installed by the CITY contractor
<br /> as part of the Fiber System.
<br /> "Costs" means actual, direct costs paid or payable in accordance with U.S. generally accepted
<br /> accounting principles consistently applied and which the CITY (or Customer, for purposes of
<br /> Section 10.4) utilizes in billing third parties for reimbursable projects, including without limitation
<br /> the following: (i) internal labor costs, including wages, salaries and benefits, and (ii) other direct
<br /> costs and out-of-pocket expenses on a pass-through basis (e.g., equipment, materials, supplies,
<br /> contract services, etc.).
<br /> "Customer POP" means a point of presence or terminal facility to which Customer has rights in
<br /> and to, along the Dark Fiber route.
<br /> "Dark Fiber" means fiber without electronics at the end points to produce and receive light in the
<br /> fiber.
<br /> "Dollars" or I" means U.S. dollars.
<br /> "Events of Force Majeure" means neither Party shall be in default under this Agreement if and to
<br /> the extent that any failure or delay in such Party's performance of one or more of its obligations
<br /> hereunder is caused by any Events of Force Majeure and such Party's performance of such
<br /> obligation or obligations shall be excused and extended for and during the period of any such
<br /> delay: Act of God;fire;flood;fiber, Cable, or other material failures, shortages or unavailability or
<br /> other delay in delivery not resulting from the responsible Party's failure to timely place orders
<br /> therefore; lack of or delay in transportation; government codes, ordinances, laws, rules,
<br /> regulations or restrictions; war or civil disorder; strikes or other labor disputes; or inability to gain
<br /> access to the Fiber System; or any other cause beyond the reasonable control of such Party.
<br /> "Impositions" means all taxes, fees, assessment levies, imposts, duties, charges or withholdings
<br /> of any nature (including, without limitation, ad valorem, real property, gross receipts, franchise,
<br /> license and permit fees), together with any penalties, fines or interest thereon arising out of the
<br /> transactions contemplated by this Agreement and/or imposed upon the Fiber System, or any part
<br /> thereof, by any federal,state or local government or other public taxing authority, including Access
<br /> Fees.
<br /> "Interconnection" or "Interconnections" or "Interconnection Points" means a location along the
<br /> fiber path where fiber is or can be spliced.
<br /> "Interest Rate" means the lower of (i) the highest rate permitted by law, or (ii) one and one-half
<br /> percent(1.5%) per month, compounded monthly(equal to approximately 19.56% per year).
<br /> "Maintenance Window" or "MW" means a prearranged period of time reserved for performing
<br /> certain work on the Fiber System that may potentially impact traffic. Generally, this will be
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