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b. All institutions designated on Exhibit D attached shall be allowed to make <br />use of the full channel capacity for video uses. The institutions designated <br />on Exhibit D attached may make use of three (3) -6 MIIZ MHz channels <br />downstream and three (3) 6 MIIZ MHz channels upstream for non -video <br />uses at no charge. <br />[COR, IS THIS STILL ACCEPTABLE IN LIGHT OF RAM /WASH ?] <br />Charges to designated institutions for all non -video uses in addition to the <br />free capacity shall be calculated based on the Grantee's actual cost plus a <br />45 % margin or the "most favored comparable user" rate, whichever is <br />lower. Use of the Institutional Network by the designated institutions, the <br />City and its designee is limited to their own uses and no institution, City or <br />designee may sell Institutional Network capacity or usage to any third <br />party. <br />2. Grantee's Use of Capacity. Grantee may use available Institutional Network <br />capacity for other uses including commercial uses except that designated <br />institution's usage of such capacity shall have priority over other uses subject to <br />rules or policies adopted by Grantee and approved in advance by City. <br />3. End -User Equipment. Upon request by a designated institution, Grantee must <br />either lease the equipment requested to the requesting institution or make <br />reasonable efforts to arrange for the lease of such equipment. Within 30 days of <br />a written request, Grantee must notify the requesting institution in writing of its <br />ability or inability to lease the requested equipment and the terms of such lease. <br />The City, its designee, or the requesting institution may purchase or lease the <br />equipment from any vendor. <br />4. Service Standards. Grantee shall maintain those technical and performance <br />standards as are detailed in Exhibit E attached. Grantee shall provide the City, or <br />its designee, upon request with reports of the performance of the I -Net and <br />Grantee's compliance with the technical and performance standards. <br />[NEED EXHIBIT E -- PERFORMANCE STANDARDS] <br />SECTION 8. <br />OPERATION AND ADMINISTRATION PROVISIONS <br />1. Administration of Franchise. The City Administrator or other designee shall have <br />continuing regulatory jurisdiction and supervision over the System and the <br />Grantee's operation under the Franchise. The City, or its designee, may issue such <br />reasonable rules and regulations concerning the construction, operation and <br />Page 35 <br />