Fiber Lease Agreement

FIBER LEASE AGREEMENT

This Fiber Lease Agreement ("Agreement") is made and entered into as of Effective Date: by and between Lessor Name: with principal address ("Lessor"), and Lessee Name: with principal address ("Lessee").

RECITALS

WHEREAS, Lessor owns, controls or has the right to grant access to one or more fiber optic cable strands, conduit, duct, handholes, and associated fiber infrastructure described in Exhibit A attached hereto (collectively, "Fiber"); and

WHEREAS, Lessee wishes to lease specified capacity or dark fiber fibers and associated defined fiber pathways from Lessor for telecommunications purposes, subject to the terms and conditions set forth herein; and

WHEREAS, Lessor is willing to grant Lessee a lease of certain Fiber under the terms set forth in this Agreement.

NOW, THEREFORE

In consideration of the mutual covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows.

1. DEFINITIONS

"Commencement Date" means the date on which Lessee is granted operational access to the leased Fiber as specified in Section 3. Lessee's planned Commencement Date:

"Leased Capacity" means the specific fiber strands, wavelengths, equipment ports, or other capacity described in Exhibit A and allocated to Lessee.

2. LEASE GRANT

Subject to the terms and conditions of this Agreement, Lessor hereby grants to Lessee a non-exclusive/non-transferable (select applicable): Exclusive use Non-exclusive use of the Leased Capacity identified in Exhibit A for the Term set forth in Section 3. The Leased Capacity shall be used only for the Permitted Use described in Section 6.

3. TERM

The initial term of this Agreement shall be for a period of years commencing on the Commencement Date. Lessee may have the option to renew for year(s) upon written notice delivered no later than days prior to expiration, subject to then-current rates and Lessor's consent not to be unreasonably withheld.

4. RENT AND FEES

Lessee shall pay Lessor Rent in lawful money of the United States in the amount of per , payable in advance on or before the first day of each payment period. Rent payments shall be made to Lessor at the address for Notices set forth below or at such other location as Lessor designates in writing.

Lessee shall also be responsible for one-time installation charges, measured restoration bonds, and any applicable taxes or regulatory fees. Installation charge estimate: . Security deposit (if any): .

5. INSTALLATION, MAINTENANCE, AND REPAIR

Lessee shall, at its expense, install and maintain any Lessee-owned equipment and cable attachments consistent with industry standards and applicable law. All installation work performed within Lessor's facilities shall be subject to Lessor's reasonable construction and safety requirements. Installation start date: . Lessee shall not perform any excavation, splicing, or modifications that interfere with other tenants or Lessor's operations without Lessor's prior written consent.

Lessor shall maintain the structural integrity of the conduit, duct, and supporting infrastructure. Lessee shall promptly notify Lessor of outages, impairments, or physical damage and shall cooperate with Lessor during any repair operations. Routine maintenance windows shall be scheduled by mutual agreement.

6. PERMITTED USE AND OPERATIONAL REQUIREMENTS

Lessee shall use the Leased Capacity solely for telecommunications and data transmission purposes consistent with industry norms and all applicable laws and permits. Lessee shall not employ the Leased Capacity for radio frequency or other uses that may cause interference without Lessor's prior written approval.

7. INTERFERENCE, CAPACITY MANAGEMENT

Lessee shall not use equipment or configurations that materially degrade the performance of Lessor's network or other tenants. In the event of actual interference or capacity degradation, Lessor may require Lessee to suspend or modify operations until remediation occurs. Lessor shall provide written notice and a reasonable cure period unless immediate action is necessary to protect safety or network integrity.

8. TAXES, FEES, AND RIGHT-OF-WAY

Lessee shall be responsible for any taxes, assessments, fees, or charges levied on Lessee's operations or equipment installed in connection with this Agreement, including any franchise or license fees. Lessor shall remain responsible for taxes or fees attributable to ownership of the physical infrastructure unless otherwise required by law.

9. INSURANCE

Throughout the Term, Lessee shall maintain commercial general liability insurance, property insurance for Lessee-owned equipment, and workers' compensation as applicable. Minimum liability limits: . Lessee shall provide certificates of insurance upon Lessor's request and name Lessor as an additional insured with respect to Lessee's operations under this Agreement to the extent permitted by the insurer.

10. INDEMNITY

Lessee shall indemnify, defend and hold harmless Lessor and its officers, directors, employees and agents from and against any and all claims, demands, liabilities, losses, costs and expenses (including reasonable attorneys' fees) arising out of Lessee's use, installation, maintenance, operation or removal of Lessee equipment or any breach of Lessee's representations, warranties or covenants under this Agreement, except to the extent caused by Lessor's gross negligence or willful misconduct.

11. LIMITATION OF LIABILITY

Except for claims resulting from willful misconduct, gross negligence or indemnity obligations, neither party shall be liable for incidental, consequential, special or punitive damages, and each party's aggregate liability shall be limited to direct damages not to exceed the greater of (a) the Rent paid by Lessee in the prior twelve (12) months, or (b) .

12. ASSIGNMENT AND SUBLEASE

Lessee shall not assign or sublease the Leased Capacity or any rights under this Agreement, in whole or in part, without the prior written consent of Lessor, which consent shall not be unreasonably withheld for assignments to affiliates or to authorized carriers; provided that any permitted assignee assumes all obligations hereunder in writing.

13. DEFAULT; REMEDIES

An Event of Default occurs if either party materially breaches this Agreement and fails to cure such breach within days after written notice. In the event of non-curable or uncured breach, the non-breaching party may terminate this Agreement, seek specific performance, recover damages and pursue all remedies available at law or in equity.

14. TERMINATION AND RESTORATION

Upon expiration or termination, Lessee shall remove its equipment and restore affected facilities to substantially the same condition as prior to installation, ordinary wear and tear excepted. If Lessee fails to complete restoration within days, Lessor may perform restoration at Lessee's expense, which expense Lessee shall promptly reimburse.

15. NOTICES

Notices shall be in writing and shall be deemed given upon personal delivery, courier delivery, or three (3) business days after deposit in the United States mail, return receipt requested, addressed to the addresses set forth above or such other address as a party designates in writing.

16. GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflicts of law principles. Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration or by the courts located in the county of Lessor's principal place of business, at Lessor's election, provided that injunctive or equitable relief may be sought in any court of competent jurisdiction to prevent irreparable harm.

17. MISCELLANEOUS

Entire Agreement. This Agreement, together with the Exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written.

Severability. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the parties' intent.

Amendments and Waiver. No amendment or waiver of any provision of this Agreement shall be effective unless it is in writing and signed by both parties. The failure of either party to enforce any provision shall not be construed as a waiver of such provision.

Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Facsimile or electronically transmitted signatures shall be binding for all purposes.

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