Agmt 2015 San Leandor Dark Fiber LLC

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ARTICLE IV SCOPE OF WORK; PERFORMANCE OF WORK; DEVELOPMENT SCHEDULE 4.1. Scope of Work. Pursuant to this First Amendment, the City authorizes SL Dark Fiber to install the Project in the Expanded Property (hereinafter"Permitted Work")as described in the"Scope of Work," attached as Exhibit 2 and incorporated herein by this reference. The performance of the Scope of Work shall be at SL Dark Fiber's own risk, subject to inspection with or without notice at any and all times by the City, final approval by the City and subject to the City's review of SL Dark Fiber's final plans for the Project. Any improvements made to the Property as a result of the Scope of Work shall be for the benefit of the City, and all costs shall be borne by SL Dark Fiber. Exhibit 2 shall include a copy of each and every scope of work and City consent or approval provided, each of which shall be incorporated herein and made a part hereof. ARTICLE V ECONOMIC BENEFITS; CONFORMANCE WITH GENERAL PLAN; STANDARD OPERATING PROCEDURES 5.1. Economic Benefits of Project. The approval by the City Council of this First Amended License confirms that the Project is consistent with the City's Economic Development Goals and the City's General Plan. SL Dark Fiber understands and agrees that"San Leandro" is a brand that is of great importance to the economic development goals of the City. Accordingly, all marketing materials related to services provided through SL Dark Fiber or LSL shall acknowledge the City of San Leandro in a positive and business friendly tone. The City reserves the right to market the Project as an economic development asset in all of the City's marketing collateral and outreach, including but not limited to, the Internet, conferences, written materials, social media, etc. 5.2. Addition of Other Businesses to the Project. Exhibit C of this First Amended License shall identify third parties that SL Dark Fiber is in contract with to provide telecommunications services utilizing the Project. Such list shall be updated from time to time upon the City's request. The disclosure of such affiliates or third parties is provided as a courtesy only, and shall not be construed as a request for approval from the City. 5.3. Standard Operating Procedures and Fiber Optic Responsibility Matrix. SL Dark Fiber agrees to abide by and comply with Exhibit 7, the City's Standard Operating and Construction Procedures ("SOP"), which may be amended from time to time, and to Exhibit 4, the Fiber Optic Responsibility Matrix (the "FORM"), which is incorporated herein and made a part hereof. The purposes of the SOP and the FORM are to ensure that the Project remains consistent with the City's General Plan, Economic Development Goals and Objectives; that the Project is used effectively as a tool to improve economic development and create jobs; and that the Project continues to prioritize and serve the best interests of the City, and its residents and businesses. 10 First Amendment to SL Dark Fiber License Agreement