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COMMUNICATIONS ACCESS AGREEMENT pg. 1 <br />Astound Business Solutions, LLC 01/19/2022 <br />COMMUNICATIONS ACCESS AGREEMENT <br />This Communications Access Agreement is entered into by the undersigned property owner (“Property <br />Owner”), and ASTOUND BUSINESS SOLUTIONS, LLC, acting on behalf of itself and as agent for its affiliates <br />(collectively, “Astound”). Affiliates of Astound Business Solutions, LLC include, but are not limited to (i) RCN <br />Telecom Services, LLC, (ii) Grande Communications Networks, LLC, and (iii) Wave Business Solutions, LLC. <br />Name of Property: Everett Library - Evergreen Branch <br />Street Address: 9512 Evergreen Way <br />Everett, WA 98204 <br />Building Contact Person / Property Manager: <br />Name: Jeff Harris <br />Phone: 425-257-7335 <br />Email: JeHarris@everettwa.gov <br />Legal Name of Property Owner: City of Everett, a municipal corporation under the laws of the State of Washington <br />☐ Corporation ☐ Limited Liability Company ☐ Limited Liability Partnership ☒ Other <br />A.Property Owner authorizes Astound to install, operate and maintain, at Astound’s sole cost and expense, <br />networking and communications equipment and facilities on the land and in the building(s) described above (the <br />“Property”) so that Astound can make its communications services (the “Services”) available to those tenants <br />and other authorized occupants of the Property (the “Tenants”) that elect to subscribe to Astound’s Services, all <br />subject to the terms and conditions set forth in this agreement. <br />B.Astound will perform all construction and installation work at the Property in a safe manner consistent with <br />generally accepted installation standards in the communications industry, and in such a way as to reasonably <br />minimize interference with the operation and use of the Property by Property Owner and the Tenants. Prior to <br />performing any construction or installation work at the Property, Astound will obtain any necessary federal, state <br />and local permits, licenses and approvals. Astound shall not allow any materialman’s or mechanic’s liens to attach <br />to the Premises. Astound shall promptly repair and restore, at Astound’s cost and expense, any damage to the <br />Property that is caused by Astound. Astound shall at all times keep and maintain its equipment and facilities at <br />the Property in good condition and repair. <br />C.Property Owner shall provide Astound with reasonable access to the Property as needed to install, <br />maintain, upgrade and remove Astound’s equipment and facilities. Astound will perform all construction and <br />installation activities and all regular maintenance activities during normal business hours or as otherwise <br />approved by Property Owner. Astound may perform installations, disconnections and on-site technical service <br />visits to individual Tenants between the hours of 8am-10pm each day. Property Owner will provide Astound with <br />emergency maintenance access to the Property twenty-four (24) hours a day, seven (7) days a week, three hundred <br />sixty-five (365) days a year in the event of a network outage or other severe degradation of the Services to <br />ensure that Astound is able to perform its maintenance, troubleshooting, replacement and repair work and restore <br />network operation functions in a timely manner. <br />D.All billing and collections from Tenants that elect to subscribe to Astound’s Services will be undertaken by <br />Astound pursuant to separate agreements between Astound and the individual Tenant(s) at issue. Property Owner <br />assumes no liability or responsibility for service charges contracted for by the individual Tenants. Astound shall