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FIBER LICENSE AGREEMENT <br /> THIS FIBER LICENSE AGREEMENT ("Agreement"), made effective as of IQtA4ct,-y 3 <br /> , 201.4(the "Effective Date"), by and between the City of San Leandro, a <br /> charter city and California municipal corporation ("City"), and the San Leandro <br /> Unified School District ("SLUSD" or the "District"). <br /> WHEREAS, the City owns fiber strands within the fiber optic cable facility commonly <br /> known as the San Leandro Dark Fiber Loop (the "Fiber System") as evidenced by a <br /> current agreement between the City and San Leandro Dark Fiber, LLC (the "License <br /> Agreement"); and <br /> WHEREAS, the District wishes to access and use specific fibers along various <br /> portions of the Fiber System subject to the terms and conditions set forth in this <br /> Agreement; <br /> NOW THEREFORE, in consideration of the mutual promises set forth below, the <br /> parties hereby agree as follows: <br /> 1. License Price and Rights <br /> a. The City grants to the District a license for exclusive access to and use of <br /> specific fibers (the "Licensed Fiber") along a specified route as will be identified. <br /> Notwithstanding the District's exclusive right to access and use the Licensed Fiber, <br /> the parties agree that subsequent to the execution of this Agreement, the City will <br /> enter into a license agreement with the District's chosen telecommunications <br /> provider,who will be allowed to connect to the Licensed Fiber. <br /> b. Payments for access and use of the Licensed Fiber shall be one dollar <br /> ($1.00) per year for the term of the Agreement. <br /> c. District shall license from City two dark fiber strands from the City's <br /> allotment of dark fiber strands, as defined and provided in the License Agreement. <br /> d. Upon termination of this Agreement, District shall pay thereafter no more <br /> than the one dollar ($1.00) per year. Any additional strands licensed, or strands <br /> licensed to the District after the conclusion of this Agreement shall be provided at <br /> an additional rate of one dollar ($1.00) per year. <br /> e. This Agreement is for the use of the Licensed Fiber only, subject to the <br /> terms and conditions herein. As between the parties, the Licensed Fiber will remain <br /> the sole and exclusive property of the City, and nothing contained herein shall be <br /> interpreted to give or convey to the District any property right, title or interest in <br /> such Licensed Fiber,which will at all times be and remain City's personal property. <br /> 1 <br />