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("City Strands"), in any area of the Expanded Property, where there is sufficient <br /> capacity for SL Dark Fiber to install a 288-strand fiber cable, for a total conveyance and <br /> dedication to the City of 72 strands. If space constraints within the Expanded Property <br /> limit SL Dark Fiber to install fewer than 288 strands of fiber, then SL Dark Fiber shall <br /> convey and dedicate ownership of twenty-five (25%)percent of the number of fiber <br /> strands installed in the Expanded Property. The Parties agree that there are no <br /> restrictions on the City's use of the 30 City Strands conveyed and dedicated to the City in <br /> the Original and the Expanded Property. The City acknowledges and agrees that it will <br /> use the additional 42 of the 72 City Strands in the Expanded Property solely for internal <br /> communications needs and public projects, and may not resale, lease or otherwise make <br /> available all or any portion of the additional 42 of the 72 City Strands to a commercial <br /> entity, including but not limited to telecommunications carriers, Internet Service <br /> Providers, or VoIP providers, other than SL Dark Fiber. The Parties further agree that SL <br /> Dark Fiber shall have a right at any time to lease up to 40 of the additional 42 City <br /> Strands in the Expanded Property at a mutually agreeable rate to be determined based on <br /> market rates for wholesale fiber strands at that time. <br /> (c) Upon written acceptance by the City, main conduit installed by SL Dark <br /> Fiber shall be dedicated to the City and shall become part of the Property, and SL Dark <br /> Fiber shall execute any document or instrument required by the City to evidence such <br /> dedication or transfer such that the main conduit installed is owned by the City, and is <br /> depicted in Exhibit A as an addition to the Property. The Parties acknowledge and agree <br /> to comply with Exhibit 4, the FORM, to guide the ownership and responsibilities for <br /> main conduit and lateral conduit installed. <br /> (d) The City shall have the right to use all City strands located in the Project <br /> and agrees that physical access to the City strands shall be carried out in compliance with <br /> all standards and operating procedures, as defined in the Original License and this First <br /> Amended License, when accessing the City strands. SL Dark Fiber guarantees that the <br /> City shall have access to City strands in all areas of the Project, regardless of the <br /> ownership of the conduit or cable in any area. <br /> (e) The Parties acknowledge and agree that the City may own fiber optic <br /> strands and related facilities not included in the Project but within the Property, and the <br /> City may, in its sole discretion, obtain and install additional fiber optic strands within the <br /> Property so long as such addition does not interfere with SL Dark Fiber's use of the <br /> Property. Any such fiber added to the Property by the City would not be included in or <br /> added to the Project. The Parties acknowledge and agree that such City assets are outside <br /> of the scope of the Original License and this First Amendment. <br /> 2.7 GIS data. Upon execution of this Agreement SL Dark Fiber shall provide to the City <br /> electronic GIS and mapping data for the Project and related facilities, including all lateral <br /> conduit,third party conduit and ducts, access and termination enclosures, and complete fiber, <br /> cable, logical and physical network data, including fiber count and identification of City <br /> Strands. <br /> 4 First Amendment to SL Dark Fiber License Agreement <br />