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2 Second Amendment to SL Dark Fiber License Agreement <br />2. Article XII of the Original License is amended to add a new Section 12.11, which shall <br />read as follows: <br />12.11. Purpose and Non-Discrimination. The Expanded Property was improved with a <br />grant award from the United States Department of Commerce, Economic Development <br />Administration (“EDA”), Project No. 07-01-06893 (the “Award”). The Expanded Property must <br />be used in a manner consistent with the authorized general and special purpose of the Award and <br />the Award terms and conditions. This includes, but is not limited to the Parties, which shall not <br />discriminate in and during the provision of any services, or execution of any terms or provisions <br />under this or any agreement with the City against any qualified employee or applicant for <br />employment because of race, color, national origin, religion, sex, age or physical or mental <br />disability. <br />3. All other unchanged or unaffected terms and provisions of the Original License, and the First <br />Amendment to License shall remain in full force and effect. <br />IN WITNESS WHEREOF, the Parties have executed this Second Amendment to the License as <br />of the date first written above. <br />City of San Leandro <br />By:_______________________________ <br /> Chris Zapata, City Manager <br />SL Dark Fiber, a limited liability company <br />By: ___________________________ <br />J. Patrick Kennedy, SL Dark Fiber Managing <br />Member <br />APPROVED AS TO FORM: <br />By: _____________________________ <br />Richard D. Pio Roda, City Attorney <br />ATTEST: <br />By: ___________________________ <br />Tamika Greenwood, City Clerk <br />2907435.1 <br />28