Agmt BART Dark Fiber - Laserfiche WebLink

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(iii) Any right to install equipment in the BART Commercial Fiber Egress Points or on the BART Real Property. (iv) Any right to connect the Dedicated Fibers to other communications facilities, except at the designated BART Commercial Fiber Egress Points or Demarcation Points ("Demares"). (v) Any right to use third -party Real Property or facilities. 2.3 Special Provisions Concerning BART Commercial Fiber Egress Points (a) City shall have the right to install or use City Fiber Cable in each of the following BART Commercial Fiber Egress Points, or at the following Demares: (i) BART Commercial Egress Point/Demarc on Davis Street near the San Leandro BART Station BART patch panel/Demarc at Digital Realty Trust ("DRT"); (b) At each BART Commercial Fiber Egress Point listed in Section 2.3, City shall have the right, in coordination with BART, to splice each Dedicated Fiber to a fiber of City Fiber Cable. Accordingly, a maximum of two (2) fibers may be terminated in locations identified in Section 2.3. (c) Except as described in Section 2.3, City shall not have the right to establish any Demarc or install or use any patch panels in any BART Commercial Fiber Egress Point or to store slack cable therein in excess of fifty (50) feet or, in the case of a BART Commercial Fiber Egress Point that has limited space for slack cable, such lesser length as BART may specify in writing. (d) City acknowledges that it has sole responsibility for paying for and obtaining any third party or governmental easement, license, or other permission that may be necessary to bring any City Fiber Cables from any area outside the BART Real Property to any Demarc or BART Commercial Fiber Egress Point hereunder; and for applying to and obtaining from BART any necessary BART permits for work within the BART Real Property. 2.4 Provisioning and Testing of Dedicated Fibers (a) BART's contractor will provision and test each Dedicated Fiber. A copy of the test results will be provided to City. Based on review of the test results, City acknowledges that each Dedicated Fiber meets the specifications and acceptance criteria specified below; and City hereby unconditionally accepts the Dedicated Fibers. (b) The specifications and acceptance criteria for provisioning and testing the Dedicated Fibers are as follows: Test each Dedicated Fiber between the specified end points of the Fiber Route from both directions using an industry -accepted laser source and power meter. At 1550 nanometers there should no more than 0.25 db loss per Km. ADMINLF.GAL 122651.3