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b. All institutions designated on Exhibit B attached shall be allowed to make <br /> use of the full channel capacity for video uses at no charge. The <br /> institutions designated on Exhibit B attached may make use of three (3)-6 <br /> MHz channels downstream and three (3)-6 MHz channels upstream for <br /> non-video uses at no charge. <br /> c. Grantee shall construct and thereafter maintain fiber optics to the <br /> Institutional Network nodes which shall include two (2) fibers to transmit <br /> the fifty-four (54) channels required in subparagraph a. above, and four (4) <br /> additional fibers which are expressly for the use of the institutions listed in <br /> Exhibit B. <br /> Charges to designated institutions for non-video use of the channels other <br /> than the six (6) non-video dedicated channels (three (3) upstream and three <br /> (3) downstream) on the Institutional Network required in subparagraph a. <br /> above shall be calculated based on Grantee's actual cost plus a 45% margin <br /> or the "most favored comparable user rate", whichever is lower. Charges <br /> to the designated institutions for video or non-video use of the six (6) fibers <br /> provided to the Institutional Network nodes shall be calculated based only <br /> upon Grantee's incremental actual cost for providing the additional six (6) <br /> fibers. <br /> Use of the Institutional Network by a designated institution is limited to its <br /> own use(s) and no institution may sell Institutional Network capacity or <br /> usage to any third party, without the express written consent of Grantee. <br /> 2. Grantee's Use of Capacity. Grantee may use available capacity on the fifty-four <br /> (54) channel Institutional Network required in Paragraph la. above for other uses <br /> including commercial uses, provided, however, that usage of seventy-five percent <br /> (75%) of such capacity by designated institutions shall have priority over other <br /> uses subject to rules or policies adopted by Grantee and approved in advance by <br /> City. Further, should City determine that any portion of Grantee's use of the <br /> twenty-five percent (25%) should be terminated to accomodate the use by a <br /> designated institution for video purposes, City may direct that Grantee terminate <br /> its use at the expiration of any third party use contract or three (3) years, <br /> whichever is sooner. <br /> 3. End-User Equipment. <br /> a. Designated institutions shall be generally responsible for providing their <br /> own end-user equipment. However, Grantee shall provide at no charge <br /> twenty (20) new modulators for City and/or designated institutions use of <br /> the Institutional Network, all as approved by the City. <br /> 19 <br />