R2018-92 Authorizing an Indeasible Right of Use Agreement and Assocated Sales Order with Millikin University to Obtain Dark Fiber

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6.3 If Customer rejects the Dark Fiber even though CITY reasonably believes the test results conform to the specifications set forth in Exhibit B, the Parties shall work together to do cooperative testing, sharing the cost equally, to determine whether the test results conform to specifications. In the event the cooperative testing continues to demonstrate that the Dark Fiber conforms to the specifications in Exhibit B, and Customer continues to reject the Dark Fibers for forty-five (45) days after CITY made conforming Dark Fibers available to Customer, this Agreement shall automatically terminate and CITY shall retain 50% of the IRU Fee as a penalty for early termination. The other 50% of the IRU Fee in addition to any prepaid maintenance fees collected when the Agreement was executed will be refunded to the Customer. ARTICLE 7 DOCUMENTATION Within ninety (90) days of the date of a Completion Notice, CITY shall provide a route map to Customer in electronic format. At a minimum, the maps will show demarcation points, route, and existing splice locations. CITY shall provide updated maps to Customer upon request, not to exceed two times in any 12-month period. ARTICLE 8 TERM OF IRU 8.1 The IRU shall be granted and become effective when the Acceptance Date has occurred ("IRU Effective Date") and, subject to Section 8.2 and Articles 11, 19, 20, the IRU shall extend for a period of twenty (20) years thereafter("Term"). 8.2 Upon the expiration of the Term all rights to the use of the Dark Fiber and any related rights granted hereunder, shall revert to CITY without reimbursement of any of the IRU Fee or other amounts previously paid, or required to be paid, by Customer hereunder, and Customer shall have no further right hereunder to use the Dark Fiber or any related Associated Property or CITY facilities. Upon written request from the Customer and at least 30 days prior to the expiration of the Term, the CITY will extend this IRU in 5-year increments for no additional IRU Fee as long as the fiber maintenance defined in Sections 4.2 and 4.3 is paid and current. ARTICLE 9 INTERCONNECTION WITH THE FIBER SYSTEM 9.1 The Customer shall pay for interconnection of its communications system with the Dark Fiber at the connecting points identified in Exhibit A. All interconnections of the Dark Fiber and all other work with respect to the Fiber System shall be performed by an approved CITY fiber contractor. It is the responsibility of the Customer to obtain all governmental and other approvals and consents necessary with respect to work being completed at the Connecting Points. 8