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. Charges to designated institutions for non-video use of the channels other than tl1e six (6) non-video dedicated channels (three (3) upstream and thtee (3) downstream) on tl1e Institutional Network required in subparagraph a. above shall be calculated based on Grantee's actual cost plus a 45 % margin or the "most favored comparable user rate" , whichever is lower. Charges to tl1e designated institutions for video or non-video use of tl1e six (6) fibers provided to tl1e Institutional Network nodes shall be calculated based only upon Grantee's incremental actual cost for providing tl1e additional six (6) fibers. Use of the Institutional Network by a designated institution is limited to its own use(s) and no institution may sell Institutional Network capacity or usage to any third party, witl10ut the express written consent of Grantee. 2. Grantee's Use of Cavacitv. Grantee may use available capacity on the fifty-four (54) channel Institutional Network required in Paragraph 1a. above for other uses including commercial uses, provided, however, fuat usage of seventy-five percent (75 %) of such capacity by designated institutions shall have priority over other uses subject to rules or policies adopted by Grantee and approved in advance by City. Further, should City determine that any portion of Grantee's use of tl1e twenty-five percent (25 %) should be terminated to accomodate tl1e use by a ~ designated institution for video purposes, City may direct that Grantee terminate its use at the expiration of any third party use contract or three (3) years, whichever is sooner. 3. End-User Equipment. a. Designated institutions shall be generally responsible for providing their own end-user equipment. However, Grantee shall provide at no charge twenty (20) new modulators for City and/or designated institutions use of the Institutional Network, all as approved by the City. b. With respect to non-video end-user equipment, upon request by a designated institution, Grantee must either lease tl1e equipment requested to the requesting institution or make reasonable efforts to arrange for tl1e lease of such equipment. Within 30 days of a written request, Grantee must notify tl1e requesting institution in writing of its ability or inability to lease the requested equipment and tl1e terms of such lease. The City, its designee, or the requesting institution may purchase or lease the equipment from any vendor. c. In addition, Grantee will provide standby power for the Institutional Network, provide fifteen (15) new pilot generators, re-tune ten (10) . existing return pilot generators, and re-tune one hundred twenty-four 124 existing return amplifiers. 19 I