Agmt BART Dark Fiber - Laserfiche WebLink

Home

the Demarcation Point at BART patch panel Digital Realty Trust ("DRT") at 720 2"d Street, Oakland, CA 94607). Digital Realty Trust (or "DRT"). located at 720 2"d Street, Oakland, CA 94607 includes the location of a BART panel that will be a Demarcation Point. "Fiber Route" means the portion of the BART Real Property extending between the BART San Leandro Station and the Digital Realty Trust listed in Section 2.3(a), as shown on the schematic diagram attached hereto as Exhibit A. "Hazardous Material" shall have the same meaning as defined in California Health and Safety Code section 25501(n), as it may hereafter be amended. "License Payment" means the Payment that is payable by City hereunder for the License to use the Dedicated Fibers. "License Payment Commencement Date" is defined in Section 4.1(b). " Term" means the period of time between the beginning date specified in Section 3.1 and the expiration date specified in Section 3.2. 2. LICENSE 2.1 Grant of License BART hereby grants City an exclusive license to use the Dedicated Fibers for the purposes, and in accordance with the terms and conditions, of this Agreement (the "License"). The License shall be irrevocable other than as set forth herein. 2.2 City's Rights under the License (a) The License grants City the following rights, which shall be exercised in accordance with the terms and conditions of this Agreement: (i) The right to use the Dedicated Fibers for any lawful purpose; (ii) The right to use the BART Commercial Fiber Egress and Demarcation Points pursuant to the terms set out more specifically in Section 2.3. (b) The License does not grant City: (i) Any right or interest in the Dedicated Fibers, the Demarcation Points, cables or conduits containing the Dedicated Fibers, the BART Commercial Fiber Egress Points, or the BART Real Property, other than the right to use the foregoing in accordance with this Agreement. Such rights of use are expressly declared not to be property rights, but are solely contractual in nature. (ii) Any right of access or entry to the BART Real Property, except that access to the designated BART Commercial Fiber Egress Points is permitted, in compliance with BART's access policies from time to time. ADMIM.EGAL 122651.3