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4. PAYMENTS AND CHARGES <br />4.1 License Payment Commencement Date <br />(a) Beginning on the License Payment Commencement Date and continuing <br />until the termination of this Agreement, City shall pay BART a License Payment for City's use of <br />the Dedicated Fibers. <br />CNSG ) <br />2020. � (b) As used herein, "License Payment Commencement Date" means 1, <br />4.2 Amount of License Pa ment <br />(a) The License Payment for the Dedicated Fibers shall be based on the <br />beginning annual rate of six thousand and seventeen dollars ($6,017.00) per calendar year for two <br />(2) fiber (providing both fibers for the rate of a single fiber as a discounted rate to the City), subject <br />to the adjustments described in Sections 4.2(b) and 4.2(c). <br />(b) The License Payment shall be prorated for the partial year from the License <br />Payment Commencement Date through December 31, 2020. <br />(c) Commencing on January 1, 2021, and on each subsequent January 1 during <br />the Term; the annual License Payment shall increase by 3.5% of the annual License Payment for <br />the preceding calendar year, rounded to the nearest whole dollar. <br />4.3 BART Su port Char es <br />City shall pay BART Support Charges for BART's activities, and its support of City's <br />activities, under this Agreement, including without limitation design review, the provisioning and <br />testing of the Dedicated Fibers, the connection of the Dedicated Fibers to each City Access Cable, <br />and any subsequent activities hereunder involving access to the BART Real Property by City or <br />its contractors or representatives. <br />4.4 Invoices, Payments Interest <br />(a) BART shall invoice City for each License Payment that is due hereunder. <br />Invoices shall be sent to City at the address specified in Section 10.4 or such other address as City <br />may notify BART from time to time. <br />(b) . Each License Payment shall be due and payable on the later of the first day <br />of the full or partial year for which it is payable or thirty (30) days after the date of BART's invoice. <br />(c) BART shall invoice City for the BART Support Charges from time to time <br />and such charges shall be due and payable within thirty (30) days after the date of BART's invoice. <br />(d) Each payment shall be sent to BART at such address as is specified on the <br />applicable BART invoice. <br />ADMINLEGAL 122651.3 <br />