7818-03 submit 1 yr. Action Plan

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the Video Agreement. Except as modified in this paragraph 1, the Video Agreement shall remain unchanged and in full force and effect. 2. The total cost for increasing the number pf dedicated Leased Fibers iTom 6 to 12 for all of the District's buildings shall not exceed $60,000, and the District shall be solely responsible for the actual direct incremental cost of increasing the number of dedicated Leased Fibers iTom 6 to 12 for its buildings, except that if any other Authorized User elects to upgrade its building( s) to 12 Leased Fibers, the District's total cost shall be reduced prorata based on the total number of locations of all Authorized Users to be upgraded to 12 Leased Fibers. The District shall pay to the City the amount for which the District is responsible under this paragraph 2 within 30 days after the District's written acceptance of the Leased Fibers dedicated to the District's buildings and its receipt of satisfactory supporting documentation for the amount to be paid. 3. Subject to the tenns of this Agreement, the City shall be solely responsible for all payments and amounts due to Cox under the Franchise Agreement and/or the Lease Agreement. 4. The City shall not provide Notice of Acceptance of the Leased Fibers to Cox without the District's prior written acceptance, given to the City, of the Leased Fibers dedicated to the District's buildings. The City shall authorize the District to be present for testing of the Leased Fibers dedicated to the District's buildings, and shall provide reasonable prior notice to the District of such testing. Furthennore, the City shall provide the District with copies of all test results and other network documentation received by the City. l ~ 5. If Cox fails to timely commence or diligently perfonn Maintenance of the Leased Fibers dedicated to any of the District's buildings, upon prior notice to the City of the District's intention to do so, the City shall permit the District to undertalœ such Maintenance and the District shall bé reimbursed promptly for such Maintenance by the City provided such Maintenance was within Cox's responsibility under the Lease Agreement. 6. The City's exclusive use of the Fiber Optic B-Loop shall extend to the District for each of the Leased Fibers dedicated to the District's buildings, as well as to the other Authorized Users for each of the Leased Fibers dedicated to the buildings of the other Authorized Users. 7. The District shall have the right to purchase iTom the City the Leased Fibers dedicated to the District's buildings in accordance with the tenns of the City's right to purchase the Leased Fibers under the Lease Agreement. 8. The competitive bidding and competitive services restriction:s in Sections 1.4 and 1.5 of the Lease Agreement shall not apply to the District. 9. In the event the District is sought to be held responsible for any claims, injuries, damages, costs and/or expenses (including reasonable attorneys' fees) arising fÌom or related to the acts or omissions of Cox, its employees, agents, contractors, representatives or third party providers in connection with the construction, operation and use of the Leased Fibers, the City, upon the request of and on behalf of the District, shall diligently pursue, at the City's sole 379325-1