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<br />8. <br /> <br />Future Fiber Network Construction or Upgrades. After the Fiber Network has been <br />completed, the City may request Grantee upgrade the Fiber Network or construct <br />additional Fiber Network Sites at any time throughout the initial term of the Franchise <br />and any extension thereof. After receiving a request for additional Fiber Network work, <br />Grantee will provide the City an estimate of the total costs associated with the additional <br />work which may include up to a 20% mark-up over Incremental Construction Costs, <br />except as provided in Section 6.1. If the City then, in writing, requests Grantee perform <br />the work and accepts the total cost and estimated time for completion of such work, <br />Grantee will perform it subject to payment therefor by the City. <br /> <br />9. <br /> <br />Fiber Network Maintenance and Service. The City agrees that all Qualified Fiber <br />Network Users will exhaust any and all troubleshooting of the Fiber Network equipment <br />and their own equipment connected to the Fiber Network in accordance with <br />manufacturer guidelines before contacting Grantee for service or maintenance on the <br />Fiber Network. Grantee shall provide maintenance of the Integrated Fiber Network <br />Backbone at no cost to the City. In the event that the Grantee determines that the <br />maintenance or service was caused by the City or Qualified Fiber Network User, the <br />Grantee shall be paid for all service and maintenance on a time and material basis. This <br />includes any interruption in service caused by the City or Qualified Fiber Network User <br />and/or its contractors. No such payment may be made from the PEG/Fiber Network <br />support made available under the Franchise Agreement. <br /> <br />9.1 <br /> <br />Average Response Time to an Outage. Subject to force majeure delays, Grantee <br />shall respond to Qualified Fiber Network User's requests for repair of a Fiber <br />Network outage as follows: <br /> <br />(a) <br /> <br />For physical Fiber related failure between the Headend and Hubs where <br />the Fiber Network is sheathed or carried with Subscriber Network Fiber <br />Optics, and for multiple site outages, Grantee shall respond within four (4) <br />hours of notification. <br /> <br />(b) <br /> <br />For any other physical Fiber related single site failures, Grantee shall <br />respond within twenty-four (24) hours of notification. <br /> <br />(c) <br /> <br />Notwithstanding the foregoing, it is understood that Grantee's service and <br />maintenance obligations with respect to the Subscriber Cable System shall <br />take precedence. <br /> <br />9.2 <br /> <br />Performance of Maintenance and Service. Maintenance and service of the Fiber <br />Network will be performed by Grantee as necessary to conform to any Federal or <br />State technical requirements. Maintenance and service ofthe Fiber Network may <br />not be performed by any other person without Grantee's prior consent in writing. <br /> <br />9 <br />