Developer Requirements for Primary ISP Service Clause Samples

Developer Requirements for Primary ISP Service. In addition to all other duties and obligations contained elsewhere in this Agreement, Developer shall require that each entity providing the primary Services, the “Primary ISP,” undertake the following duties and obligations. For avoidance of doubt, there shall be a Primary ISP subject to these obligations throughout the term of this Agreement: (a) Make available at least a 1Gbps (symmetrical) Service in all System locations within the Boundary, and ensure that throughout the term of this Agreement the Primary ISP services support and complement Developer’s upgrades and modernization to the System (up to 10Gbps) to ensure that the City continues to be a leading community in high speed broadband throughout the term of this agreement. (b) Provide Network Neutrality protection. (c) Actively participate in and adhere to the City’s Digital Equity Program as described in Section 7.6. (d) Establish local peering arrangements with Indiana University (“IU”), the City, and the Monroe County Community School Corporation (“MCCSC”), and pursue local peering with incumbent ISPs. To the extent commercially reasonable, the Primary ISP will seek to peer with other local service providers and anchor institutions, for example, the larger IU campus locations and Ivy Tech Community College networks for purposes of efficiently making educational and research resources available. (e) If deploying local WiFi network from home routers, support IU authentication (currently Eduroam). (f) Operate one or more Bloomington retail locations. (g) Provide the City, upon the City’s request, its top tier Enterprise internet bandwidth (at least 1 Gbps) during such time as it remains the Primary ISP at a price not to exceed the lesser of (i) the price the Primary ISP charges to any other North American municipality or organization for similar service and (ii) the Primary ISP’s wholesale price.