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<br />7 First Amendment to SL Dark Fiber License Agreement <br /> <br />2. Total uptime of network, defined as the percentage of time that 100% of the Project <br />is available for use. <br />3. Fiber strand utilization on a network-wide basis, defined as the number of fiber <br />strands that are assigned to a) active use, b) reserve capacity, c) City Strands, d) not <br />available for use. <br />4. Maximum throughput on a network-wide basis, defined as the maximum percentage <br />of throughput available for data link service. <br />5. Effective throughput on a network-wide basis, defined as the average percentage of <br />throughput available for use for which SL Dark Fiber provides data link service. <br />6. Throughput availability on a network-wide basis, defined as the percentage of time <br />that the effective throughput is available for use. <br />7. Log of all network components, including fiber strands and physical nodes, outages <br />due to failure, damage, maintenance or other causes. <br />(c) The Parties agree and acknowledge that the information required by this section <br />is highly proprietary and confidential business information protected from disclosure under the <br />California Public Records Act, and therefore the City may publish this information in any City <br />publication, and on the City’s website with written consent of SL Dark Fiber. <br />ARTICLE IV <br />SCOPE OF WORK; PERFORMANCE OF WORK; DEVELOPMENT SCHEDULE <br />4.1. Scope of Work. Pursuant to this First Amendment, the City authorizes SL Dark Fiber to <br />install the Project in the Expanded Property (hereinafter “Permitted Work”) as described in the <br />“Scope of Work,” attached as Exhibit 2 and incorporated herein by this reference. The performance <br />of the Scope of Work shall be at SL Dark Fiber’s own risk, subject to inspection with or without notice <br />at any and all times by the City, final approval by the City and subject to the City’s review of S L Dark <br />Fiber’s final plans for the Project. Any improvements made to the Property as a result of the Scope of <br />Work shall be for the benefit of the City, and all costs shall be borne by SL Dark Fiber. Exhibit 2 shall <br />include a copy of each and every scope of work and City consent or approval provided, each of which <br />shall be incorporated herein and made a part hereof. <br />ARTICLE V <br />ECONOMIC BENEFITS; CONFORMANCE WITH GENERAL PLAN; STANDARD <br />OPERATING PROCEDURES <br />5.1. Economic Benefits of Project. The approval by the City Council of this First Amended <br />License confirms that the Project is consistent with the City’s Economic Development Goals and the <br />City’s General Plan. SL Dark Fiber understands and agrees that “San Leandro” is a brand that is of <br />great importance to the economic development goals of the City. Accordingly, all marketing materials <br />related to services provided through SL Dark Fiber or LSL shall acknowledge the City of San Leandro <br />in a positive and business friendly tone. The City reserves the right to market the Project as an <br />economic development asset in all of the City’s marketing collateral and outreach, including but not <br />limited to, the Internet, conferences, written materials, social media, etc. <br />5.2. Addition of Other Businesses to the Project. Exhibit C of this First Amended License <br />shall identify third parties that SL Dark Fiber is in contract with to provide telecommunications <br />services utilizing the Project. Such list shall be updated from time to time upon the City’s request. <br />The disclosure of such affiliates or third parties is provided as a courtesy only, and shall not be <br />construed as a request for approval from the City. <br />5.3. Standard Operating Procedures and Fiber Optic Responsibility Matrix. SL Dark Fiber <br />agrees to abide by and comply with Exhibit 7, the City’s Standard Operating and Construction <br />Procedures (“SOP”), which may be amended from time to time, and to Exhibit 4, the Fiber Optic <br />Responsibility Matrix (the “FORM”), which is incorporated herein and made a part hereof. The <br />purposes of the SOP and the FORM are to ensure that the Project remains consistent with the City’s <br />General Plan, Economic Development Goals and Objectives; that the Project is used effectively as a <br />tool to improve economic development and create jobs; and that the Project continues to prioritize and <br />serve the best interests of the City, and its residents and businesses.