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irt, <br />assets owned by the County during the term of this Agreement. <br />d. Owner understands that additional poles and/or towers may be needed to provide improved <br />broadband coverage. Owner agrees to facilitate use of County Assets, including land, as <br />described above to allow Contractor to build such vertical assets and to be granted an easement <br />to access the asset. <br />Upon expiration of the term, Contractor agrees to enter into mutually agreeable lease rates for <br />all County assets in use. Both parties understand the intended objective is to provide affordable <br />broadband service to the unserved and underserved communities in the County, and agree to <br />negotiate rates that result in a sustainable venture for the contractor to continue providing <br />service to the community. <br />12. MISCELLANEOUS <br />a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties <br />and Obligations imposed by state, federal or local law, rules, regulations and ordinances. <br />b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or <br />duty funded them under the Contract Documents, nor shall any act or failure to act constitute <br />any approval except as specifically agreed in writing. <br />The Work shall be tested and inspected as required by the Contract Documents and as required <br />by law. Unless prohibited by law the costs of all such tests and inspections related to state and <br />federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building <br />Codes shall be borne by the Contractor. The costs for material and structural testing, including <br />any desired tower structural analysis, shall be conducted by an independent third party at the <br />expense of the Owner. Delays related to any of the aforementioned tests and inspections shall <br />not be grounds for delaying the completion of the work. If any such tests and inspections <br />reveal deficiencies in the Work such that the Work does not comply with terms or <br />requirements of the Contract Documents and/or the requirements of any code or law the <br />Contractor is solely responsible for the cost of bringing such deficiencies into compliance with <br />the terms of the Contract Documents and/or any code or law. <br />d. Should the Owner reject any portion of the Work for failing to comply with the Contract <br />Documents Contractor shall immediately, at Contractor's expense, correct the Work. Any <br />such rejection may be made before or after substantial completion. <br />e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its <br />entirety without the prior written consent of the Owner. <br />f. Faster speeds: To the extent possible, Contractor will offer faster speeds to qualifying locations <br />that can be technically served. Gigabit (1000Mb) service will be available where technically <br />feasible by fixed- wireless technology from the identified tower locations in the Scope of Work. <br />g. Service Pricing: Contractor will advertise on their website and offer broadband service pricing <br />at the rates quoted in the RFP responses until at least three (3) months after the date of the first <br />customer activation. Contractor further agrees that rates will not increase by more than <br />$10 /month in aggregate for any of the service levels until at least January 1, 2022. <br />h. Installation Fee: Contractor's standard approach is not to charge an installation fee. However <br />9 <br />