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FIBER LICENSE AGREEMENT BETWEEN CITY OF SAN LEANDRO AND CONTERRA WIRELESS BROADBAND, LLC FOR ACCESS TO CITY DARK FIBER NETWORK BETWEEN CITY OF SAN LEANDRO CITY HALL AND SAN LEANDRO MAIN LIBRARY THIS FIBER LICENSE AGREEMENT ("Agreement"), effective as of jun" , 2016 (the "Effective Date"), is by and between the City of San Leandro, a California municipal corporation organized as a charter city ("City"), and Conterra Wireless Broadband, LLC, a North Carolina Limited Liability Company ("Conterra" and together, the "Parties"). WHEREAS, the City designed, built and owns dark fiber strands in City owned conduit running between San Leandro City Hall and the San Leandro Main Library and the San Leandro Main Library and the intersection of Harrison Street and Estudillo Avenue (together the "City Fibers"); and WHEREAS, the San Leandro Unified School District, by and through Conterra, would like to access and use the City Fibers for data service and connectivity between the School District's San Leandro City Hall offices and its offices on Juniper Street, subject to the terms and conditions set forth in this Agreement; and WHEREAS, the City is willing to license access for such use, as long as Conterra will pay fair market value for licensed access to the City Fibers -- outside of and not a part of the Lit San Leandro Fiber System, which was developed by the City as a public private partnership between the City and San Leandro Dark Fiber (the "Lit San Leandro Fiber System"). The Parties acknowledge and agree that the City has a separate fiber license agreement with the San Leandro Unified School District to access four dark fiber strands to connect the School District's schools. NOW THEREFORE, in consideration of the mutual promises set forth below, the Parties agree as follows: 1. License Price and Rights a. The City grants to Conterra a license for exclusive access to and use of specific fibers (the "Licensed Fiber") from the City's Fibers as follows: - The Licensed Fiber is 2 dark fiber strands within and from the City Fibers in a 72- strand bundle ("Fiber Bundle A"), which are installed within City conduit running from the San Leandro City Hall Main Entrance to the San Leandro Main Library and, in addition, 2 dark fiber strands within and from City Fibers in a separate 72-strand bundle ("Fiber Bundle B"), running from the San Leandro Main Library to a splice box located at the intersection of Harrison Street and Estudillo Avenue. - The City of San Leandro assigns fiber strands 13/14 in both Fiber Bundle A and Fiber Bundle B to Conterra.