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RES 21-037 APPROVING THE MUNICIPAL FIBER OWNERSHIP, USE, AND ACCESS AGREEMENT WITH ARVIG ENTERPRISES, INC.
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RES 21-037 APPROVING THE MUNICIPAL FIBER OWNERSHIP, USE, AND ACCESS AGREEMENT WITH ARVIG ENTERPRISES, INC.
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b. In the event of default by one party, the non -defaulting party shall provide written <br />notice and description of the default to the defaulting party. If the defaulting party fails <br />to fully cure the described default within 30 days of receipt of such notice, the non - <br />defaulting party may terminate this Agreement immediately. <br />c. In any event of termination, all incurred expenses and costs owed by one party to the <br />other under this Agreement shall become immediate due and payable no later than 30 <br />days after the date of termination. <br />2. Definitions. As used in this Agreement, the following terms shall be defined as follows: <br />Optical Fiber ("Fiber"): A glass or plastic fiber that has the ability to guide light along its <br />axis. The three parts of an optical fiber are the core, the cladding, and the coating or buffer. <br />Fiber Optic Cable ("Cable"): means a collection of Optical Fibers contained in color -coded <br />buffer tubes with a protective outer covering (sheath), which covering includes stiffening <br />rods and filler. <br />Dark Fiber: Optical fiber installed without transmitter and receiver, usually to provide <br />expansion capacity. <br />Fiber Transport Facility: The conduit, cable vaults, pull boxes, and splice vaults housing <br />the Fiber Optic Cable that collectively constitute a fiber optic pathway between a <br />demarcation point in a switching facility and a demarcation point in another switching <br />facility or customer premises. <br />Access Point: is the physical location(s) at which the Parties may, subject to required <br />permits and Rights, connect its telecommunications system with the Allocated Fibers. <br />Access Points may be a point of presence, regenerator site, or optical amplifier with each <br />Access Point specifically set forth on Exhibit A attached hereto and incorporated by <br />reference herein. <br />Optical Splice Point ("Splice Point"): means the point where the IRU Grantee's Cable <br />connects to the IRU Fibers. <br />Slack Loon: Coils of extra fiber optic cable stored at cable vault, pull box, or splice point. <br />These coils are used for repairing a cable when it has been damaged or for connecting new <br />fiber optic cables to the network. <br />Splicing_ The act of joining two optical fibers end-to-end using heat. <br />Road Relocating Costs: Costs associated with the relocation of the Fiber Transport <br />Facilities as required by any Governmental Authority under the power of eminent domain <br />or otherwise. <br />2 <br />
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