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"Associated Property„ means, the tangible and intangibfe property necessary for#he use of the
<br /> Dark Fiber (fiber without light) for the purpases described in this Agreement, including but not
<br /> limited to the associated conduit. "Associated Property" does not include electranic, optranic,
<br /> optical ar other necessary equipment.
<br /> "Cable"means the frber aptic cable and the fibers contained therein, including the Dark Fiber, and
<br /> associated splicing connections, splice boxes, and vaults to be installed by the CfTY contractor
<br /> as part af the Fiber System.
<br /> "Cos#s" means actual, direet 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 /> Seetion 1Q.4} utilizes in bifling third paeties far reimbursabie prajects, including v,rithout limitation
<br /> the foilawing: (i) internal labor costs, inc(uding wages, salaries and benefits, and (ii) other direct
<br /> costs and out-of-pocke#expenses on a pass-through basis (e.g., equipment, materials, supplies,
<br /> cantract services, etc.}.
<br /> "Customer PC}P" means a paint of presence or terminai facility to which Custamer 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 ligh# in the
<br /> fiber.
<br /> "Dollars" ar"$" means U.S. dollars.
<br /> "Events af Force Majeure" means neither Party shall be in default under this Agreement if and to
<br /> #he e�ctenfi that any failure or delay in such Party's perFormance af one ar more of its obEigatians
<br /> hereunder is caused by any Events af Force Majeure and such Party's performance of such
<br /> obfigation or obligatians shall be excused and exter�ded for and during the period of any such
<br /> delay: Act of God; �re; fload; fiber, Cable, or other material failures, shortages ar unavailability or
<br /> other delay in delivery not resulting from the responsible Party's failure to timely place orders
<br /> therefore; lack af or delay in transportation; governmen# codes, ordinances, laws, rules,
<br /> regulatians or restrictions; war ar civil disorder; strikes ar other labar disputes; or inability ta gain
<br /> access to the Fiber System; ar any other cause beyond the reasanable cantrol of such Parky.
<br /> "Impositions" means all taxes, fees, assessment levies, imposts, duties, charges or withholdings
<br /> of any nature (including, without limitation, ad valorem, real property, grass receipts, franchise,
<br /> license and permit fees}, together with ar�y penalties, fines or interest therean arising out of the
<br /> transactians contemplated by this Agreement and/or imposed upon the Fiber System, or any part
<br /> #he�eof, by any federal,state or loca!government or other public taxing authority, including Access
<br /> Fees.
<br /> "Interconnection" or "Interconnections" or "Interconnectian Paints" means a location along the
<br /> fiber path where fiber is or can be spliced.
<br /> "Interest Rate" means the lawer of(i) the highest rate permitted by law, ar (ii) ane and one-half
<br /> percent{1.5°1a} per month, corr�pounded monthly {equal ta approxirrratefy 19.56°to per year}.
<br /> I "Maintenance Windaw" or "MW° means a prearranged periad af time reserved for performing
<br /> certain work on the Fiber System that may potentia(ly impact traffic. Generaliy, this will be
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