Agmt01 RCN Telecom Services - Laserfiche WebLink

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(m) In the event that there is a technical problem with the I-NET, excluding any devices, hardware or software not under the control or ownership of RCN and installed by the City or other User, RCN shall resolve the technical problem promptly. Should the problem continue, City and RCN shall meet to discuss a resolution of such problem. City shall have the right to reasonably request a performance test of the I- NET, should such problems persist. RCN shall initiate such performance tests, at no cost to the City, within seven (7) days of any such request, and correct the problem within seven (7) days and submit the results to City promptly, unless RCN notifies the City, in writing, that such correction cannot be completed with such seven (7) day period. (n) If requested to do so by City, RCN shall provide, at no cost to the City, a written explanation of any such externalized or passed-through I-NET costs, in sufficient detail to enable City to understand how such new costs have been externalized or passed-through as allowed or required by applicable law(s). The City's costs are defined as the City's proportional construction and material costs, such costs do not include overhead and profits, associated with incorporating the RCN provided portion of the I-Net into RCN's network. For example, RCN's places a 288-fiber cable as part of its network. Where 4 fibers are dedicated to a specific portion of the City's I-Net, the City would be required to pay 1.4% of the construction and material costs for that portion. The City's costs also include 100% of construction and materials associated with the construction of laterals and tie-ins solely dedicated for the City's I-Net. The laterals and tie-ins are not part of the construction of RCN's network. Externalized or pass through I-Net costs are any City costs as defined above. The City's costs are not