Common use of BACKGROUND AND INTRODUCTION Clause in Contracts

BACKGROUND AND INTRODUCTION. DCA is entering into this Agreement as part of its Georgia Broadband Deployment Initiative Program (“GBDI”). The purpose of the Georgia Broadband Deployment Initiative is to provide a program of financial assistance to any or all public bodies, designated by the Department of Community Affairs pursuant to paragraph (2) of subsection (b) of O.C.G.A. § 50-40-81, as political subdivisions qualified to apply for funds under this article (“Eligible Applicants” or “Customers”), which includes grants, loans and other forms of assistance authorized by O.C.G.A. 50-34-1 et seq., in order to finance activities that lead to the installation or expansion of facilities and equipment which provide broadband services in unserved areas that are not currently served by such Services. Under the GBDI, DCA will conduct a statewide competitive procurement to select approved broadband partners who have met the requirements in a competitive request for proposal (“RFP”) managed and issued by the state (“Approved Broadband Providers”) that may assist Eligible Applicants with the expertise, experience and financing to design, develop, construct, maintain and provide retail residential and commercial broadband services for a proposed broadband network project. DCA may then enter into Master Services Agreements with such Approved Broadband Providers in order to facilitate contracting with such Broadband Providers by Eligible Applicants. Prior to submitting an application for funds from the GDBI, Eligible Applicants are required to enter into a conditional contractual relationship with a qualified broadband provider who may be selected following their procurement process or from the list of Approved Broadband Partner, which contract may be, but is not required to be, based on this Master Services Agreement. The Eligible Applicants may contract with an Approved Broadband Provider who has entered into a Master Services Agreement with DCA by entering into Customer Participation Agreement with the Approved Broadband Provider under this Agreement (each a “Customer Participation Agreement”). In the event that DCA awards funds to the Eligible Applicant through the GDBI, the Customer Participation Agreement will incorporate the terms of the grant application (“Grant Application”) and any additional terms, conditions or restrictions included in the grant award from DCA (“Grant Award”).

BACKGROUND AND INTRODUCTION. DCA is Customer and Service Provider are entering into this Customer Participation Agreement as part of its the Georgia Broadband Deployment Initiative Program (“GBDI”). The purpose of the Georgia Broadband Deployment Initiative is to provide a program of financial assistance to any or all public bodies, designated by the Georgia Department of Community Affairs pursuant to paragraph (2) of subsection (b) of O.C.G.A. § 50-40-81, as political subdivisions qualified to apply for funds under this article (“Eligible Applicants” or “Customers”), which includes grants, loans and other forms of assistance authorized by O.C.G.A. 50-34-1 et seq., in order to finance activities that lead to the installation or expansion of facilities and equipment which provide broadband services in unserved areas that are not currently served by such Services. Under the GBDI, in 2021, DCA will conduct conducted a statewide competitive procurement to select approved broadband partners who have met the requirements in a competitive request for proposal (“RFP”) managed and issued by the state (“Approved Broadband Providers”) that may assist Eligible Applicants with the expertise, experience and financing to design, develop, construct, maintain and provide retail residential and commercial broadband services for a proposed broadband network project. As a result of being selected as an Approved Broadband Provider, Service Provider and DCA may then enter entered into the Master Services Agreements with such Approved Broadband Providers Agreement in order to facilitate contracting with such Broadband Providers by Eligible ApplicantsService Provider assistance to Customer. Prior As an eligible customer under GBDI, Customer desires to submitting an application for funds obtain from Service Provider certain services and Service Provider desires to provide the GDBI, Eligible Applicants are required Services to enter into a conditional contractual relationship with a qualified broadband provider who may be selected following their procurement process or from the list of Approved Broadband Partner, which contract may be, but is not required to be, based on this Master Services AgreementCustomer. The Eligible Applicants may contract with an Approved Broadband Provider who has entered into a Master Services Agreement with DCA by entering into This Customer Participation Agreement with will provide the Approved Broadband terms and conditions pursuant to which the Service Provider under shall provide and the Customer shall purchase the services. Pursuant to the terms and conditions herein, Customer and Service Provider enter this Agreement (each a “Customer Participation Agreement”). In the event that DCA awards funds to the Eligible Applicant through the GDBI, the Customer Participation Agreement will incorporate the terms of the grant application (“Grant Application”) and any additional terms, conditions or restrictions included in the grant award from DCA (“Grant Award”).