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<br /> <br /> <br /> 14 First Amendment to SL Dark Fiber License Agreement <br /> <br /> <br />EXHIBIT 5 <br />CITY PUBLIC WORKS DEPARTMENT SERVICE LEVEL AGREEMENT <br />FOR THE PROJECT INSTALLED IN THE PROPERTY OR EXPANDED PROPERTY <br /> <br /> (a) Each Party agrees to take all necessary precautions to avoid damaging the other Party’s <br />fiber facilities, and those of third parties, and to protect such fiber facilities in the same manner as <br />such Party protects its own facilities. <br />(b) Any damage to the Property caused by SLDF or SLDF-affiliated third parties that results in a <br />loss of service shall be repaired by SLDF, at SLDF’s sole cost, within a reasonable time <br />period. Provided that nothing contained herein shall be deemed to release or limit claims that SLDF <br />may have against any third party arising from or related to such damage to facilities. <br />(c) Any damage to the Property, including conduit or other City infrastructure, by third parties <br />unaffiliated with either Party shall be promptly repaired by the City. <br />(d) If SLDF or SLDF-affiliated third party damages City Fibers and related facilities or facilities <br />owned by third parties within the Property, SLDF shall immediately notify City and, if the damaged <br />facility is owned or leased by a third party, take reasonable efforts to notify the owner of the <br />damaged facility. If required by City, SLDF shall effect repairs to the damaged facilities within a <br />reasonable time period based on the nature of the damage conditions at the site. <br />(e) In the event of damages described herein, City may elect to hire a third party contractor <br />to effect repairs to any damaged facility within the Project if, , SLDF notifies the City that it <br />will not or cannot effect repairs within a reasonable time period and, present an invoice to <br />SLDF for all Costs directly incurred for repairs to the damaged facilities, including, <br />but not limited to, staff time costs, traffic control, police services, notification of third parties, <br />and consultant and contractor costs. <br />(f) For the purposes of these requirements, a “reasonable time period” shall mean that SL Dark <br />Fiber must mobilize personnel to respond to the repair site within four (4) hours after the time of <br />becoming aware of an event requiring Emergency Unscheduled Maintenance of Services and work <br />diligently and continuously until any outage is resolved with restoration of service . This provision <br />shall not be applied if SL Dark Fiber notifies the City of a Force Majeure event.(g) Within thirty <br />(30) days of the First Amendments execution date, SLDF shall provide to City for its review and <br />approval a Protocol Document and Escalation Matrix, outlining procedures to be followed in the <br />event of service loss. <br /> <br /> <br /> <br /> <br /> <br />