Common use of Qualified Users Clause in Contracts

Qualified Users. (i) The I-Net may be used by the City and any Qualified I-Net User to provide any voice, video and data services other than for commercial business purposes in competition with Click! and/or its business partners. This limitation shall not, however, be deemed to prohibit City or Qualified I-Net User use of the I-Net within Click!’s service territory for: (a) any bona fide municipal, educational or public purpose; (b) access to the PEG Channels on the Communications Network; and/or (c) provision of internet services and/or access to the public for such municipal, educational and public purposes. The City agrees to require all Qualified I-Net Users to stipulate and agree to the foregoing limitation. (ii) Fees may be charged to Qualified I-Net Users by the City for use of the I-Net or for the information transmitted via the I-Net in order to recover I-Net-related costs. However, the City will not charge Click! any transportation, Maintenance, or operation fees (as set forth in a user agreement) for mutually agreed upon uses by Click! of the City’s I-Net. For purposes of this Agreement, all references to “City’s I-Net” mean those portions of Click!’s Communications Network identified in Exhibit 9.