2012/04/25 Council Agenda Packet

6 of Black Rock will execute a new Exhibit showing the deleted location and corresponding reduction in MRC. No new Exhibit deleting locations in service for less than three years is valid unless signed by the Mayor or his designee and an authorized representative of Black Rock. Each new Exhibit deleting locations in service for less than three years takes effect on the date of last signature on the Exhibit. 2. In Service Three Years or More. If a location has been in service for three years or more,the City may unilaterally decide to delete the location from this Agreement. If such deletion is desired, City's Mayor or his designee will execute a new Exhibit showing the deleted location and the corresponding reduction in MRC. Each new Exhibit deleting locations in service three years or more takes effect on the date of delivery to Black Rock of the Exhibit signed by the City. 2. Section 4(Term)of the Agreement is deleted and replaced with the following: The Term of this Agreement("Term")shall be for three (3)years, starting from the Execution Date of the Agreement or the date of last signature of the most recent Exhibit that adds a City location to this Agreement, whichever is later. After the end of such three years,this Agreement shall automatically renew for additional one(1)year terms ("Extension Terms") unless either party gives written notice to the other party at least ninety • (90)days prior to the expiration of the existing Term or Extension Term. 3. The following paragraph is added at the end of Section 5 (Compensation): The amount of the monthly lease payment is sum of the"MRC"in the Exhibits to this Agreement. The amount of the City's one-time payments for Fiber installations are stated in the Exhibits as"NRC." 4. Except as expressly modified by this Amendment, all provisions of the Agreement remain in full force and effect. 2 65