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DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D <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 /> e. 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 service <br /> 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 duty <br /> funded them under the Contract Documents, nor shall any act or failure to act constitute any <br /> approval except as specifically agreed in writing. <br /> c. 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 reveal <br /> deficiencies in the Work such that the Work does not comply with terms or requirements of the <br /> Contract Documents and/or the requirements of any code or law the Contractor is solely <br /> responsible for the cost of bringing such deficiencies into compliance with the terms of the <br /> 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 such <br /> rejection maybe 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 /> there may be difficult cases where additional costs are incurred in order to serve the customer. <br /> The first solution offered to the customer will be a term commitment so Contractor is assured <br /> of payment over a defined time-period. A second solution is to charge the customer a special <br /> 8 <br />