Common Network Dark Fiber Network Agreement

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f. Term. The term for this Agreement, shall commence on , 2019 ("Commencement Date"), and shall terminate on , 2024 ("Term"), and shall continue until either party elects, upon 180 days' written notice, to terminate this Agreement. Upon termination, Common shall pay the pro -rated amount of any License fees due and owing to the City up to the date of termination. g. Amendment. This Agreement may not be amended except in a writing executed by both Parties. h. Service Level Agreement. As the Licensed Fiber is contained within the Lit San Leandro Fiber Network, it shall be governed under the terms of Amendment 1 to the San Leandro Dark Fiber License Agreement with the City of San Leandro, Exhibits 4 and 5, incorporated herein as Exhibit B. i. Miscellaneous. No provisions in this Agreement shall be interpreted against the drafter. This Agreement may be executed in counterparts. Any disputes shall first be subject to a meet and confer between the Parties' authorized representatives, then mediation, and then binding arbitration subject to the rules and regulations of the American Arbitration Association. Any notice required to be sent under this Agreement shall be sent to the corporate office of Common, and to San Leandro City Hall, 835 East 14th Street, San Leandro, California, 94577. j. City of San Leandro Living Wage Rates. This Agreement may be covered by the City of San Leandro Living Wage Ordinance (LWO). Company's attention is directed to the San Leandro Municipal Code, Title 1, Chapter 6, Article 6. Company must submit completed self - certification form and comply with the LWO if covered. SIGNATURES ON THE NEXT PAGE Exhibit B - 4 620\3201326.5