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P.O. Box 8181 PO Box 723 <br />Hillsborough, NC 27278 Waxhaw, NC 28173 <br />8. USE OF FUNDS <br />a. Contractor will use funds solely for the purposes described in the Scope of Work. Funds <br />may not be transferred, either partially or completely, to any other entity or person. Any <br />earnings derived from the broadband network shall be used by Contractor to support the <br />purposes of fulfilling the Scope of Work. <br />b. Budizet. Contractor has provided the Owner with a budget for the Scope of Work as <br />described in the REP responses. Owner payments are restricted to fund only the <br />Scope of Work defined in this Agreement. <br />(i) The initial funds paid upon award of contract will be used for network build. <br />c. Construction Period. The construction period shall be for a term of 36 month(s). Initial <br />network build, including first customer activations, will be complete within 6 months of <br />Notice -to- Proceed. Contractor shall continue to expand the broadband network to cover <br />the identified areas and activate customers through the end of the Construction Period. <br />9. PERFORMANCE MEASURES <br />a. Network Build: Contractor will invite Owner to tower installation days to personally view the <br />work taking place. Pictures of antenna and equipment installation will also be taken and <br />provided via the monthly reports. Bandwidth test will be run on network links, inclusive of the <br />fiber and tower -to -tower wireless links, and provided to county as evidence of network build. <br />The first customer will have active service within 6 months of award of contract. <br />b. Coverage Area: Contractor will build a broadband network to reach at least ninety percent of <br />the addresses within both the 2 -mile and 5 -mile radii for each service area as shown on the <br />Service Area Map. Contractor has the burden of demonstrating to Owner's reasonable <br />satisfaction broadband connectivity within the coverage areas consistent with minimum speeds <br />and other applicable terms. There shall be a rebuttable presumption based on coverage <br />resulting from the Mutually Agreed Test Sites (Attachment B) for each Pilot Program Area 1 <br />and 2. For the sake of clarification, this means Contractor must demonstrate broadband <br />connectivity for 45 of 50 addresses list for Pilot Program Area 1 and 18 of 20 addresses listed <br />for Pilot Program Area 2 as described in Attachment B. <br />Minimum broadband speeds offered: Contractor will build a broadband network to meet a <br />minimum of 25Mb download and 3 Mb upload speed to customers. Measurement will be made <br />via online speedtest results as measured by using one of the following online test sites: <br />https: / /www.ncspeedtest.com/ <br />http: / /www.speedtest.net/ and selecting a test server in North Carolina <br />Open Broadband will maintain as -built documentation, demonstrating connectivity speeds for <br />every customer activation, of which at least 90% of the tests will meet the 25Mb download, 3 <br />Mb upload criteria. A monthly report will be provided to Orange County that shows customer <br />addresses and the speeds at time of activation as tested to the port of the router within the <br />home. The county may also obtain on- demand reports with no more than a 48 business hour <br />D <br />