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Agenda 09-04-2025; 6-a - Amendment to the Network Development Agreement for Broadband Deployment with Lumos to Extend the Project Deadlines and Revise Passings
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Agenda 09-04-2025; 6-a - Amendment to the Network Development Agreement for Broadband Deployment with Lumos to Extend the Project Deadlines and Revise Passings
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8/28/2025 2:32:52 PM
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BOCC
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9/4/2025
Meeting Type
Business
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Agenda
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6-a
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DocuSign Envelope ID:32FCA70E-8C9D-4D85-AOBE-B88413353B8B <br /> 6 <br /> "Regulations"means all compliance,reporting and other rules and regulations applicable to the County, as the <br /> primary recipient of Award funds, including those that flow through to Provider as a Subrecipient, for the <br /> receipt of Award and Subaward funds and the Network development purposes described in this Agreement. <br /> "Service Drop" or"Drop"means the fiber optic cable that connects the Network to a Customer's premises. In <br /> general, a Drop will be installed only when Communication Service is ordered by a Customer. <br /> "Subaward"means the subaward made to Provider by the County using Award funds, in the amount and for <br /> the purposes described in this Agreement. <br /> "Unserved"means a location is not reliably served as of the effective date of this Agreement,by terrestrially <br /> deployed broadband service with transmission speeds of at least 25 Mbps download speed and 3 Mbps of <br /> upload speed, as determined by the County. <br /> "Work"means the network development activities to be undertaken by Provider, as set forth in the Contract <br /> Documents. <br /> 4. TERM <br /> This Agreement shall become effective as of the date executed by the Parties and shall terminate upon the <br /> earliest of- <br /> 1. <br /> f:1. Mutual written consent of the Parties; or <br /> 2. Five years after closeout of the Project and all Subawards (closeout requirements being defined in <br /> Section 15); or <br /> 3. Termination as a result of an uncured breach, as described in Section 19. <br /> 5. SCOPE OF WORK <br /> a. Provider will engineer, construct, activate, operate and maintain a fiber-to-the-premises <br /> ("FTTP") network as more fully described in Attachments. Provider shall furnish and deliver <br /> all of the materials, and perform, and be fully responsible for, all of the Work required by this <br /> Agreement within the time period stipulated in the Term of this contract. <br /> 6. NETWORK DESCRIPTION <br /> a. The Network will be a FTTP network consisting of approximately 45 fiber distribution hubs and <br /> over 615 miles fiber within Orange County. (Network routes and service areas are more fully <br /> described in Attachment A.) The Network will enable provision of Communication Services to <br /> no less than 6,370 locations along the route(the"Mutually Agreed Service Sites"in Attachment <br /> B). To promote regional economic development, Network capacity shall be provisioned to <br /> accommodate robust future requirements of the Network in the area. <br /> 7. NETWORK CONSTRUCTION <br /> 4 <br />
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