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NOW THEREFORE, in consideration of the mutual agreement contained in this agreement,the <br /> City and District agree as follows. <br /> 1. The City agrees to act as the Lead Agency for the fiber construction and <br /> installation on City owned rights of way project("Project") as more particularly <br /> set forth in Exhibit A. <br /> 2. The City and District agree that that the construction and installation of the lateral <br /> connections from the fiber network to certain District properties are not included <br /> in this Agreement nor part of the Project and the City shall not be responsible for <br /> the construction, installation or maintenance of the lateral connections unless <br /> specifically provided for in a written amendment to this Agreement. <br /> 3. The responsibilities of the Lead Agency are to facilitate the Project, including <br /> causing the construction and installation of the fiber by preparing any necessary <br /> bidding and construction documents, advertising for the bidding process, <br /> awarding the contract for the project and providing construction observation. <br /> 4. All costs associated with fiber construction in City owned rights of way the City <br /> desires to extend its fiber network in and for which grant funds were received, <br /> said rights of way extensions more particularly set forth in Exhibit A will be paid <br /> from the City's State of Illinois grant funds. <br /> 5. All costs associated with fiber construction in City owned rights of way the <br /> District desires to extend the City fiber network in and for which the District is <br /> seeking grant funds, said rights of way extensions more particularly set forth in <br /> Exhibit A,will be paid from the District's State of Illinois grant funds. In the <br /> event the grant funds applied for and received are insufficient to cover the costs of <br /> the District's share of the Project, District will reduce the construction and <br /> installation of the fiber in a manner that will allow their portion of the Project to <br /> be paid for in full by District. <br /> 6. Project overhead costs will be shared on a pro-rata basis between the City and the <br /> District. Pro-rata shall be determined based on the linear foot of fiber construction <br /> and installation in City rights of way that each party is desirous of extending as <br /> more particularly set forth in Exhibit A. <br /> 7. City shall be solely responsible and shall have sole authority to determine the <br /> manner of fiber construction and installation for all work within the City right of <br /> ways without regard to which grant pays for the work. <br /> 8. District shall be solely responsible and shall have sole authority to determine the <br />