4.6 SR 04-15-2013 - Laserfiche WebLink

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Term. If the limitation on use of the Network Ring is modified, both the City and the County must be permitted to allow use of the fiber optic strands reserved to them under this Agreement by non - governmental parties. Capacity limitations. The Network Ring will include 144 fiber optic strands. Thirty -six (36) of the strands (25% of 144) shall be reserved exclusively for use by the County or as may be directed by the County in compliance with this Agreement. If the City identifies a future need and possible use of the County's unused Network strands, the County will have the sole discretion to determine whether to make the unused strands available to the City and on what terms such unused capacity would be made available. Fifty (50) percent of the Network (non - lateral) strands used to connect City and County facilities will be counted against the County's 36 Network strands. In the event the County identifies a need for additional strands, the City may, in its sole discretion, reserve additional strands for exclusive use by the County, or as directed by the County. Such additional strands, if approved by the City, shall be made available to the County on the same teens and conditions as provided for in this Agreement for the initial 36 strands, including that the County first pay to the City a proportionate share of the original capital costs for the additional strands provided to the County, along with any additional capital costs relating to the additional strands that the County has not otherwise paid pursuant to Section 3(b) of this Agreement. In the event the City identifies a need for additional strands, the County may, in its reasonable discretion, convey back to the City one or more of the strands reserved for the County pursuant to this Agreement. If approved by the County, the strands shall be conveyed back to the City for use by the City on the same terms and conditions as provided for in this Agreement and upon payment to the County of a proportionate share of the original capital costs for the strands provided to the City, along with any additional capital costs relating to the strands that the County may have paid pursuant to Section 3(b) of tlus Agreement. Initial Term and Renewal Ternis. This Agreement shall be in effect for an initial term of 20 years from the date hereof, and shall automatically renew each 5 years thereafter, unless earlier terminated as provided herein. Termination by County for Cause. The County may terminate this Agreement and its use of the Network Ring for cause only as provided in Section 7(b) below or if the Network Ring becomes inoperable for any reason for an aggregate period of 45 days or more within any calendar year. The County shall provide written notice to the City of the County's intent to terminate this Agreement for cause. Termination of the Agreement shall be effective 30 days following receipt of the notice of termination for cause. The Network Ring shall be deemed inoperable only if it goes completely out of service and the County is unable to move any data over the Network Ring for a period of 72 consecutive hours or more. If the County terminates this Agreement for cause prior to the end of the 20 year initial term hereof, the City shall return to the County 5 percent of the county's capital contributions to the Network Ring for each -full year remaining on the initial 20 -year term of this Agreement, along with any additional capital costs relating to the Network Ring that the County may have paid pursuant to Section 3(d) of this Agreement. C. Termination by County Without Cause. The County shall have the right to terminate this Agreement and its participation in the Network Ring at any time and for any reason. 11