Agmt 2015 San Leandor Dark Fiber LLC

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2.15 Reporting. (a) Together with any applicable License Fee, within 45 days of the close of each fiscal year, SL Dark Fiber shall send to the City a confidential written annual report detailing the following information: The names and addresses of all third party telecommunications providers contracted with SL Dark Fiber to provide telecommunications services within the City of San Leandro; fiber optic capacity used and capacity available; revenue and expense statements; and any other additional information necessary to verify compliance with the requirements of the Original License and this First Amendment. Such report is designated a SL Dark Fiber trade secret exempt from disclosure under the California Public Records Act. (b) SL Dark Fiber shall provide to the City, on an annual-basis, current and historical performance data(to the extent it is reasonably feasible for SL Dark Fiber to collect such data) for all dark fiber offered by SL Dark Fiber. Performance Metrics shall include the following, commencing on the date of this Amendment: 1. Average time to turn up end user customers, defined as the average number of days between receipt of an order to install service and completion of the installation, including provisioning of termination and/or access points as ordered. 2. Total uptime of network, defined as the percentage of time that 100%of the Project is available for use. 3. Fiber strand utilization on a network-wide basis, defined as the number of fiber strands that are assigned to a) active use, b)reserve capacity, c)City Strands, d)not available for use. 4. Maximum throughput on a network-wide basis, defined as the maximum percentage of throughput available for data link service. 5. Effective throughput on a network-wide basis, defined as the average percentage of throughput available for use for which SL Dark Fiber provides data link service. 6. Throughput availability on a network-wide basis, defined as the percentage of time that the effective throughput is available for use. 7. Log of all network components, including fiber strands and physical nodes, outages due to failure, damage, maintenance or other causes. (c) The Parties agree and acknowledge that the information required by this section is highly proprietary and confidential business information protected from disclosure under the California Public Records Act, and therefore the City may publish this information in any City publication, and on the City's website with written consent of SL Dark Fiber. 9 First Amendment to SL Dark Fiber License Agreement