CANARIE IEP Connection Memorandum of Understanding (MoU) B etween

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CANARIE IEP Connection Memorandum of Understanding (MoU) Between: CANARIE Inc. (“CANARIE”) and [Organization] (“the Organization”) The purpose of this MoU is to clarify responsibilities and set baseline expectations in regards to the provisioning by CANARIE of a connection between the Organization facility, or facilities, and the closest CANARIE point(s) of presence, as detailed in Appendix A (“the Connection(s)”), and, if applicable, in regards to the use by the Organization of one or more CANARIE lightpaths, as detailed in Appendix B (“the Lightpath(s) as updated from time to time 1. Parties Organization. The Organization is [Organization with as much detail as possible]. Organization Activities. The Organization [does this and that and briefly explain how the use of CANARIE Connections and, if applicable, Lightpaths, helps]. CANARIE is a not-for-profit organization which has received Government of Canada funding to promote network-based scientific and research and education collaboration and innovation. CANARIE Network Infrastructure. CANARIE designed, established, and operates an advanced networking infrastructure to support network-based scientific research and education collaboration and innovation. 2. Conditions Connection(s). CANARIE agrees that there is merit in connecting the Organization to the CANARIE network infrastructure and, through a competitive process, has identified a connection solution (“the Solution”) for the Organization. CANARIE undertakes to order the Solution from a competitive solution provider, coordinate the work required to deliver the Solution and pay for the Solution as detailed in the Terms (clause 3) below. The Organization is responsible for assigning a local contact to facilitate coordination of the work required to deliver the Solution, and for providing the solution provider with physical access to the Organization facilities, as may be reasonably required by the solution provider to complete the Connection(s). Connecting Equipment The Organization is responsible for the installation, operation, maintenance and all costs related to the Organization's equipment or software at its premises that are required in order to make use of the Connection(s). The Organization will undertake to have its equipment and software ready and to make use of the solution within 30 days of the delivery of the Solution. MoU - «Project_ID»«Project_ID» Page 1 Limitation on Use. The Connection(s) may only be used in accordance with the CANARIE Acceptable Use Policy, posted at www.canarie.ca/funding/iep/mouinfo.html, and which may change from time to time. Connection and Lightpath Failure. The Connection(s) and, if applicable, the Lightpath(s), will be maintained by CANARIE on a “best efforts” basis. CANARIE is not responsible for the failure of the Connection(s) or the Lightpath(s). In the event of a failure of the Connection(s) or the Lightpath(s), CANARIE will work with the Organization to rectify such failure as quickly as possible. CANARIE NOC contact information can be found at www.canarie.ca/funding/iep/mouinfo.html. Reporting. The Organization recognizes that CANARIE has reporting and accountability obligations to both Industry Canada and its Board of Directors, and agrees to provide CANARIE with information and reports as requested, related to the activities enabled by the Connection(s) and, if applicable the Lightpath(s), and results of those activities. Report guidelines can be found at www.canarie.ca/funding/iep/mouinfo.html, Communications. The Organization agrees to recognize CANARIE's contribution in an appropriate fashion in all media and communications material. 3. Description and Terms Description. A description and diagram of the Connection(s), and if applicable, of the Lightpath(s), will be provided to the User in a connection delivery notification or made available on-line. Term. The term of each Connection, and if applicable, Lightpath, will be from delivery of each Connection to CANARIE, until the expected end date(s) as specified in Appendices A and B. Cost. CANARIE will pay the cost of establishing and maintaining the Connection(s) until the end of the Term(s). Renewal Notification. Unless the Organization gives at least ninety (90) days notice of its intention to renew this agreement, prior to the end of the Term or any renewal term, this MoU will automatically terminate. Renewal Options. Subject to the preceding renewal notification clause, at the end of the Term, the Organization may choose the option of: (a) entering into a new agreement for continuation of the Connection(s) with CANARIE, which may be subject to renegotiation of terms and conditions; (b) assuming CANARIE's contract with the Connection(s) provider(s) and/or extending the term of or renegotiating the terms of that agreement; or (c) terminating this MoU with CANARIE entirely. Agreed upon and signed on this ___________ day of ____________, 2008. X______________________________ Name: __________________________ Title: ____________________________ Organization: _____________________ MoU - «Project_ID»«Project_ID» X______________________________ Guy Bujold President and CEO CANARIE Inc. Page 2 Appendix A – “the Connection(s)” Connections Target Delivery Date End Date 31-Mar-12 31-Mar-12 31-Mar-12 31-Mar-12 Estimated Cost* *Estimated costs quoted do not include applicable taxes MoU - «Project_ID»«Project_ID» Page 3 Appendix B – “the Lightpath(s)” Lightpath Target Delivery Date Expected End Date* Estimated Capacity Replacement Cost** * Lightpaths must be renewed annually. ** Estimated Capacity Replacement Cost quoted does not include applicable taxes MoU - «Project_ID»«Project_ID» Page 4

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