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15 <br /> 1 under the `Lumos' brand and has been publicly reported as acquired by T-Mobile, the <br /> 2 contractual obligations, stipulations, and enforcement provisions remain fully applicable and <br /> 3 binding on the same legal entity. <br /> 4 <br /> 5 John Roberts reviewed some of the legal questions that had been raised by the public. <br /> 6 He said the North Carolina legislature prevents all local governments from directly contracting <br /> 7 for lines to go in the ground, from building lines for internet infrastructure itself, and limits all <br /> 8 local governments to only issuing grants for incentivizing a known service provider to install <br /> 9 lines. He said the contract with Lumos is an incentive grant agreement. He said if Lumos was <br /> 10 able to pass 6,000+ homes, they would receive $10 million. He said Lumos says they cannot <br /> 11 complete the project. He said the remedy for that is for Lumos to not get the remainder of the <br /> 12 money under the current contract. He said that is why the Board is considering an amendment. <br /> 13 He said if this was a service contract where the county had contracted directly with someone to <br /> 14 install the lines, then they could go to court to give the county specific performance. He said <br /> 15 specific performance is a judicial order favoring an aggrieved party that directs the party in <br /> 16 breach of a contract to do what they were supposed to do. He said that the Lumos contract is <br /> 17 not that type of contract. He said it is an incentive grant agreement, and the remedy for not <br /> 18 passing all the homes is that they don't get the remaining $6 million. <br /> 19 Robert Reynolds, Chief Information Officer, made the following presentation: <br /> 20 <br /> 21 Slide #1 <br /> Lumos <br /> Broadband <br /> Project Update <br /> ORANGE COUNTY <br /> NORTH CAROLINA <br /> 22 <br /> 23 <br /> 24 <br />