2008 048 Ordinance - Laserfiche WebLink

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"Connecting Point" means a point where the network or facilities of the Village will connect to the System. "Costs" means actual costs incurred and computed in accordance with the established accounting procedures used by OneCommunity to bill third parties for reimbursable projects and generally accepted accounting principles. Such costs include the following: • labor costs includes wages, salaries, benefits, and payroll taxes; and • other direct costs and out of pocket expenses on a pass through basis (such as equipment, materials, supplies, contract services, costs of capital, Required Rights, sales, use or similar taxes, etc.). "Facility Owners" means any entity (other than OneCommunity): (a) owning any portion of the System or any property or security interest therein, or (b) leasing to OneCommunity, or providing an IRU to OneCommunity in, any portion of the System. "Fiber Acceptance Testing" means the fiber acceptance testing described in Exhibit 7. "Fibers" means any optical fibers contained in the System, including the OneCommunity Fibers and the fibers of any third party in the System excluding, however, any fibers granted (whether through ownership, IRU, lease, or otherwise) to government authorities in exchange for use of streets, rights of way, or other property under the jurisdiction of such entity. "Indefeasible Right of Use" or "IRU" is an exclusive, indefeasible right to use the specified property, but does not convey title, ownership, or rights of possession in any real or personal property. "Major Segment" means each individual identified portion of the Route listed in Exhibit 1. As of the Effective .Date, the Major Segments shall be Beta Drive and those portions of Wilson Mills Road and SOM Center Road along the.Route. "Network Center" means a telecommunications point of presence at a location to be mutually agreed upon by the Parties. As of the Effective Date, the Network Center for the Village shall be located at the Village fire station located at 770 SOM Center Road. "Non-Routine P/taintenance" means all maintenance of the Fibers to be performed by OneCommunity as described in Exhibit 4 attached hereto. "Pro-Rata Share;" means a proportion equal to a fraction, the numerator of which is the number of OneCommunity Fibers and the denominator of which is all Fibers in the Cable. If this fraction varies over a Segment, then the Pro-Rata Share will be equal to the weighted average (weighted by length as set forth in OneCommunity's as-built drawings) of the relevant portions. For example, if the fraction for 100 feet of the affected Segment is 0.1 and the fraction for the remaining 50 feet of the affected Segment is 0.07, the weighted average for the entire Segment would be 0.09. 2 As of 01/29/2009