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oaiosnoi2 EXHIBIT 1 G. If CITY is aware of the Project equipment damage caused by a third party, CITY shall notify GCAG and cooperate in GCAG's pursuit of remedies against the offending party. H. "Maintenance" in reference to the Project equipment shall include but is not limited to the following tasks: adopt a performance-based approach, establish a proactive annual maintenance program, perform regular maintenance, repairs and replacements, and assure equipmentis functioning properly. L Maintenance programs established for the Project equipment shall in no way be a standard of maintenance higher that that required by law. J. Maintenance service shall be scheduled on an annual basis. K. For all fiber conduits that are part of the Project, the City is responsible to protect the communication lines by marking the location of these lines on construction plans for City-initiated construction and by marking the locations in the field during City-initiated construction. The City shall be responsible to repair any damage to the communication lines caused by Ciry Staff and contractors working for the City. The Ciry is also required to include the following language in any encroachment permits granted to any third party working in the City's right of way. "Fiber optic communication lines are present in the City right of way. It is the responsibilrty of the contractor !o protect the integrity of lhose communication Irnes during construction. The contractor shal! be lrable for all damages to the communication lines. Through !he application and granting of !he encroachment permit, the Crty/ County Association of Governments (GCAG) is specifically authorrzed to pursue any clamrs agarnst the contractor for the cost to repair any damage caused to the fiber optic communication lines. " L. For communication line damage caused by construction activities not under permit, as owner, the City shall maintain this faciliry in a similar manner to that of other City-owned utilities. C/CAG shall be responsible for repair and maintenance of any malfunction of the communication lines not related to construction and maintenance activities. 6. Funding for Maintenance Activities C/CAG shall seek to secure the necessary funding required for maintaining the New Equipment located within CITY's right-of-way. 7. Term of Agreement This Agreement shall be effective as ofthe date on which the Conditions Precedent, as identified in Section 1 above, is met and continue until December 31, 2060, unless sooner terminated, or otherwise extended, by the agreement of the parties. ATTYIAGRI2012.025/SMART CORRIDORS CCAG REV:03-15-12 VR Page 6 of 7 RESO. # 15181 MUFF # 304