Ordinance No. 20168 - Laserfiche WebLink

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retain the right to enforce the terms of this Agreement, particularly this Paragraph C, against any third party to whom the Consortium sells, leases, assigns, or transfers any of the rights contemplated in this Agreement. Furthermore, should the Consortium sell, lease, assign, or transfer rights in the six ~6} fiber pair twelve optical fibers} described herein, to any third party, a maintenance fee of $30.40 per route mile per month on the six ~6} fiber pair shall commence and the Consortium shall waive all rights to the free maintenance contemplated in Paragraph 2 of this Agreement unless the Consortium can show that the additional charges would prevent completion of arrangements for the use of the six ~6} fiber pair twelve optical f bens} in a manner consistent with the purposes of this Agreement, especially as described in this Paragraph C, in which case the actual amount of any maintenance fee, ranging from $0 to $30.04 per route mile per month, will be negotiated with w1LL1AMS with the intent of preserving both the need for services to the Consortium and the desire of W~LLZAMS not to provide a subsidy to a profit making enterprise rather than a cost reduction for the Consortium. DATE 4~` DELIVERY D. wILLIAMS will deliver control of the six pairs of fiber and other equipment described in this Agreement within one month of the date of wILL1AMS' completion of installation which shall include, but not be limited to, all splicing and testing activities} of f ber to complete each of the routes. Evidence of the delivery shall include a pedigree of all f bers delivered. Such a pedigree shall include identification of the type of termination, the type of splice case and the results of an end to end optical time domain reflectometer test, which includes proof of optical continuity and a statement of dB loss end to end and point to point. Evidence of delivery shall also include a final set of maps or plans indicating the location of each access point provided under the terms of this Agreement. TERM AND TERMINATION E. This Agreement becomes effective on July 10,1999, or the date of the final signature aff xed below, and remains in effect during the period when the ZRU remains in effect. F. This Agreement may be terminated by mutual consent after alternative arrangements have been made regarding the continuing obligations contained in this Agreement. In the event that the Consortium which is being formed by the City and other cities receiving f ber from WILLIAMS ceases to exist and the City is no longer able to make any use of the fiber provided to the City and the Consortium, this Agreement will terminate and wILL1AMS will thereafter be responsible for the payment of all right of way fees owed after the termination of this Agreement. Such fees shall not include any fees or payments preliminarily July 9,1999 Page S