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6.3. B. - Page 11 <br /> G. If CITY is aware of the Project equipment damage caused by a third party, CITY shall <br /> notify GCAG and cooperate in GCAG's pursuit of remedies against the offending party. <br /> H. "Maintenance" in reference to the Project equipment shall include but is not limited to the <br /> following tasks: adopt a performance-based approach, establish a proactive annual <br /> maintenance program, perform regular maintenance, repairs and replacements, and assure <br /> equipment is fi�nctioning properly. <br /> L Maintenance programs established for the Project equipment shall in no way be a <br /> standard of maintenance higher that that required by law. <br /> J. Maintenance service shall be scheduled on an annual basis. <br /> K. For all fiber conduits that are part of the Project, the City is responsible to protect the <br /> communication lines by marlcing the location of these lines on constniction plans for <br /> City-initiated constn�ction and by marl�ing the locations in the field during City-iiutiated <br /> construction. The City shall be responsible to repair any dainage to the cominunication <br /> lines caused by City Staff and contractors worlcing for the City. The City is also required <br /> to include the following language in any encroaclunent pernuts granted to any third party <br /> worlcing in the City's right of way. <br /> "Fibe�� optic coNZh��rnicatiof� Iines af•e pi•eseht irz the Cit�� i•ight of ���uy. It <br /> is the t•espof�s��bil�tv of tl�e cof�t�actor• to protect the i�rteg��ty of' thos�e <br /> co��n�2zrzicatio� Iirzes� d2zring coyas�t�zactio�r. Tlre cor�t��actor shall be Iiable <br /> fo�� all dar��ages to the con�n��rnicatior� lis��es. Th�•ozrgh the a�plicatios� as�d <br /> gt•as��tis�ig of tl�e es�ict•oachn�es�lt �errr�it, the C�ity �� Co�rr�tv Ass�ociatios�i of <br /> Goverr�r�ieNts� (C "CAG) is specifically azrtho�•ized to p7rf•s7re aj�v claims <br /> agains�t the contractot• for the cost to re�air as?v danzage ca�rsed to the <br /> fiber o�tic con��nry��cation lirzes�. " <br /> L. For communication line damage caused by constn�ction activities not under permit, as <br /> owner, the City shall maintain this facility in a siinilar manner to that of other City-owned <br /> utilities. C/CAG shall be responsible for repair and maintenance of any malfunction of <br /> the cominunication lines not related to construction and maintenance activities. <br /> 6. Funding for Maintenance Activities <br /> C/CAG shall seelc to secure the necessary fui7ding required for maintaining the New Equipment <br /> located within CITY's right-of-way. <br /> 7. Term of Agreement <br /> Tlus Agreement shall be effective as of the date on which the Conditions Precedent, as identified <br /> in Section 1 above, is met and continue until December 3 l, 2060, unless sooiler terininated, or <br /> otherwise extended, by the agreeinent of the parties. <br /> ATTY/AGR/2012.025/SMART CORRIDORS CCAG <br /> REV:03-15-12 VR <br /> Page 5 of 7 <br />