Common use of Scope of Work: Project Implementation and Broadband Network Operation Clause in Contracts

Scope of Work: Project Implementation and Broadband Network Operation. Except for the requirements expressly placed upon the Counties in Section 7 herein, the Company shall be solely responsible for furnishing all labor, equipment, and materials, and be solely responsible for performing all of its obligations pursuant to this Agreement, including, but not limited to: (1) The timely accomplishment of the Project Requirement within the Company Grant Project Budget in accordance with all the terms and conditions of this Agreement and the Tobacco Commission Grant Agreement; (2) The timely completion of each Funded Phase in the Coverage, Phasing, and Implementation Plan within the budget for such Funded Phase; (3) Turn-key provision of any new Public Broadband Towers and Micro-pops required for the Project, including, but not limited to, completing any and all necessary clearing, site-preparation, access road construction, fiber connections, electrical connections, shelters, and fence and security work; and (4) The constructing, equipping, and operating of the Broadband Network and providing high-speed Internet services to Customers in strict accordance with the Company’s obligations under this Agreement (including obligations of the Company that are incorporated in this Agreement by reference). The Company’s expenses for (i) Broadband Network equipment, (ii) licensed microwave backhaul links, and (iii) materials, site preparation, and installation of new Public Broadband Towers and Micro-pops (including initial capital costs for clearing, site-preparation, access road construction, fiber connections, electrical connections, shelters, and fence and security work) may be paid from the Company Grant Project Budget. Notwithstanding anything in this Agreement to the contrary, the Company’s expenses for rent paid to co-locate on Third-Party Towers, recurring fiber connection bills associated with operating the Broadband Network, recurring electric bills associated with operating the Broadband Network, all costs of fiber installation (including, but not limited to materials, labor, and easements), and any ongoing operational costs of running the Broadband Network shall not be paid from the Company Grant Project Budget, but shall be paid by the Company with the Company’s own funds. Notwithstanding the above, the Counties, in their sole discretion, may choose to fund Third-Party Tower rent as a capital expense under the Company Grant Project Budget in cases where there are significant identifiable savings compared to new Vertical Asset installation and no significant benefit or advantage to Customers in constructing a new Vertical Asset to serve the same general area. Furthermore, unless the Counties expressly agree otherwise in writing, in no event shall the Company spend more than a total of $200,000 of the Company Grant Project Budget on licensing spectrum from the FCC, including, but not limited to, the Citizens Broadband Radio Service (CBRS), educational spectrum, and television white space (but not including licensed microwave backhaul links). The Company further understands and agrees that the Counties and the Company may jointly elect for the Counties to own any spectrum purchased with the Company Grant Project Budget Notwithstanding any provision of this Agreement to the contrary, if the Company Grant Project Budget is exhausted for either County prior to the completion of the Project Requirement in such County, the Company shall timely complete the Project Requirement with its own funds in such County.

Scope of Work: Project Implementation and Broadband Network Operation. Except for the requirements expressly placed upon the Counties in Section 7 herein, the Company shall be solely responsible for furnishing all labor, equipment, and materials, and be solely responsible for performing all of its obligations pursuant to this Agreement, including, but not limited to: (1) The timely accomplishment of the Project Requirement within the Company Grant Project Budget in accordance with all the terms and conditions of this Agreement and the Tobacco Commission Grant Agreement; (2) The timely completion of each Funded Phase in the Coverage, Phasing, and Implementation Plan within the budget for such Funded Phase; (3) Turn-key provision of any new Public Broadband Towers and Micro-pops required for the Project, including, but not limited to, completing any and all necessary clearing, site-preparation, access road construction, fiber connections, electrical connections, shelters, and fence and security work; and (4) The constructing, equipping, and operating of the Broadband Network and providing high-speed Internet services to Customers in strict accordance with the Company’s obligations under this Agreement (including obligations of the Company that are incorporated in this Agreement by reference). The Company’s expenses for (i) Broadband Network equipment, (ii) licensed microwave backhaul links, and (iii) materials, site preparation, and installation of new Public Broadband Towers and Micro-pops (including initial capital costs for clearing, site-preparation, access road construction, fiber connections, electrical connections, shelters, and fence and security work) may be paid from the Company Grant Project Budget. Notwithstanding anything in this Agreement to the contrary, the Company’s expenses for rent paid to co-locate on Third-Party Towers, recurring fiber connection bills associated with operating the Broadband Network, recurring electric bills associated with operating the Broadband Network, all costs of fiber installation (including, but not limited to materials, labor, and easements), and any ongoing operational costs of running the Broadband Network shall not be paid from the Company Grant Project Budget, but shall be paid by the Company with the Company’s own funds. Notwithstanding the above, the Counties, in their sole discretion, may choose to fund Third-Party Tower rent as a capital expense under the Company Grant Project Budget in cases where there are significant identifiable savings compared to new Vertical Asset installation and no significant benefit or advantage to Customers in constructing a new Vertical Asset to serve the same general area. Furthermore, unless the Counties expressly agree otherwise in writing, in no event shall the Company spend more than a total of $200,000 of the Company Grant Project Budget on licensing spectrum from the FCC, including, but not limited to, the Citizens Broadband Radio Service (CBRS), educational spectrum, and television white space (but not including licensed microwave backhaul links). The Company further understands and agrees that the Counties and the Company may jointly elect for the Counties to own any spectrum purchased with the Company Grant Project Budget Budget. Notwithstanding any provision of this Agreement to the contrary, if the Company Grant Project Budget is exhausted for either County prior to the completion of the Project Requirement in such County, the Company shall timely complete the Project Requirement with its own funds in such County.