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• <br />the Joint Security Complex located on Avon Street Extended. The Company's obligations <br />hereunder shall include provision of the necessary access or "drops" at each of these two <br />locations. <br />B. Maintenance and Splicing. As long as the City Fibers remained sheathed with <br />network fiber strands, leased or owned by Company, the City Fibers shall be maintained at no <br />cost to the City and Company or Company's Lessor shall be the only one allowed to perform <br />required splicing of the City Fibers. Such splicing, if required as ordinary maintenance or as a <br />result of an accident, shall also be at no cost to the City. In all other events Company or <br />Company's Lessor shall be reimbursed for splicing at its costs plus an administrative fee of five <br />(5) percent. <br />C. Ownership. From the outset, the City shall own fee simple title to the City <br />Fibers, but despite that ownership the City shall not do anything to alter the Company or <br />Company Lessor's sheathing or the network fiber strands leased or owned by Company. <br />Company agrees that should it sell, lease, or assign its assets, including network fiber strands <br />it leases or owns, Company will make certain that the purchaser, lessee, or assignee assumes <br />Company's obligations hereunder with regard to the City Fibers. <br />lease of fiber capacity shall provide that sale or transfer of the leased fiber by Lessor will be <br />subject to any obligations to the City. <br />D. Lighting. City shall be responsible solely for the cost of lighting the City <br />• Fibers. Equipment needed to light the City Fibers shall be purchased from Company or <br />Company's Lessor at Company's or Company's Lessor's costs plus an administrative fee of five <br />percent (5 %); provided that in no event shall the net costs to the City exceed competitive <br />pricing. If the latter situation were to occur, the City may purchase needed equipment on the <br />competitive market so long as the equipment meets industry standards. This pricing agreement <br />must in all events be implemented in accord with applicable Virginia procurement law. The same <br />arrangement shall apply to the City's purchase of maintenance service to maintain its lighting <br />and other equipment needed to service the City Fibers. <br />E. Use of City Fibers. Services provided via the City Fibers are to be consistent <br />with the operation of City Government and are not to be leased or resold to other businesses <br />without the written consent of Company or Company's Lessor. <br />F. Cable Television Services. Under current law, Company is not allowed to <br />provide cable television services via its network fiber strands. If and when that prohibition is <br />lifted, the parties agree that franchise fees due from Company to the City with respect to the <br />Company's furnishing of Cable Television services shall be negotiated at that time and shall be <br />equal to what the City is then receiving from other cable television franchisees. <br />G. Taxes. The payments made hereunder shall be in addition to, and not in lieu <br />of, any business license tax, real or personal property tax, or other tax of general application <br />to which the Company may be subject. <br />• <br />