§ 301. Institutional network.

301.(a). Company shall construct and maintain an institutional network for the use of the City and entities authorized by the City to use the institutional network for non-commercial purposes; "non-commercial" has the same meaning as in Section 300.(i).(2) except that nothing in this Section 301.(a) or Section 300.(i).(2) shall prevent an institutional network user from charging to recover its costs, or prevent the City from charging other institutional network users to recover its costs. The obligation to construct and maintain an institutional network shall apply throughout the term of this franchise, and for any period that the Company continues to operate within the City of St. Paul, except as provided herein.

From and after the effective date of this Franchise, the parties agree that the institutional network obligations of Franchisee shall be governed by those certain contracts between City and Company providing for provision of a fiber institutional network and for managed services in this agreement. The failure to upgrade the institutional network to fiber by the time provided in those agreements shall be treated as a violation of this franchise. Until the network is upgraded, and managed services are being provided as required in the agreements, the provisions below and in Appendix 1 shall remain in full force and effect. After such time, Company will continue to provide the portion of the institutional network required by Section 301.(a).(1). or an equivalent or better network acceptable to City, but its obligations to provide the institutional network components described in 301.(a)(2).—(4). will cease. Until that time, the institutional network shall consist of four distinct but integrated parts:

301.(a).(1). the CityLink network, a coaxial portion of the institutional network linking certain locations within the downtown St. Paul area and developed as part of an institutional network development project pursuant to Appendix 1.

301.(a).(2). the "Coaxial Institutional Network," the institutional network (other than the CityLink) required by Appendix 1;

301.(a).(3). the "Upgraded HFC Institutional Network," which shall be the institutional network described by Section 301.(a).(2) as described in Appendix 1; and

301.(a).(4). the Fiber Institutional Network, a fiber-to-the-location institutional network described in Exhibit B to this franchise, attached to Ord 15-10, and in Section 301(e) in Appendix 1.

301.(a).(5). The institutional network described in Sections 301.(a).(1).—(4) shall satisfy the performance and testing standards referenced in this franchise and set forth in Appendix 1.