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DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D <br /> [Departmental Use Only] <br /> TITLE Open Broadband Contract <br /> FY 2018 <br /> NORTH CAROLINA <br /> BROADBAND AGREEMENT <br /> ORANGE COUNTY <br /> THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 6th day of <br /> September, 2018, by and between Open Broadband, LLC, (hereinafter called the "Contractor"), and Orange <br /> County, a political subdivision of the State of North Carolina, (hereinafter called the "County," "Orange <br /> County," or"Owner"). <br /> WITNESSETH: <br /> That the Contractor and the Owner, for the consideration herein named, agree as follows: <br /> 1. CONTRACT DOCUMENTS; PRIORITY <br /> The Contract Documents consist of this Agreement, the Orange County Request for Proposals (RFP) <br /> #5251 — Broadband Service to Unserved Areas, the Open Broadband RFP Response for Orange County NC <br /> Broadband Service dated of June 13, 2018. The Contract Documents form the Contract. In the event of any <br /> inconsistency between or among the Contract Documents the Contract Documents shall be interpreted in the <br /> following order of priority: <br /> a. This Agreement <br /> b. Orange County Broadband Request for Proposals and addenda thereto. <br /> c. The Service Area Map (Attachment A) and its associated electronic data including GIS address <br /> points in KMZ format(incorporated by reference),hereinafter collectively called"Service Area <br /> Map." <br /> d. Mutually Agreed Test Sites (Attachment B) <br /> e. Contractor Proposals. <br /> 2. SCOPE OF WORK <br /> The Contractor shall furnish and deliver all of the materials,and perform, and be fully responsible for <br /> all of the Work required by this Agreement within the time period stipulated in a written Notice-to-Proceed to <br /> be executed by the Contractor and Owner and in accordance with the following enumerated documents, which <br /> are made a part hereof as if fully contained herein: <br /> a. Open Broadband,LLC proposal"REP#5251 Response for Orange County,NC" dated June <br /> 13, 2018 which fully describes the work to be performed, such work (hereinafter called the <br /> "Work"). <br /> (i) "Pilot Program 1" consists of Service Areas 1, 2, and 3 as shown on the Service Area <br /> Map and is associated with Funds request of$385,280. <br /> (ii) "Pilot Program 2" consists of Service Area 10 as shown on the Service Area Map and is <br /> 1 <br />