Agmt 2015 San Leandor Dark Fiber LLC

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EXHIBIT 5 CITY PUBLIC WORKS DEPARTMENT SERVICE LEVEL AGREEMENT FOR THE PROJECT INSTALLED IN THE PROPERTY OR EXPANDED PROPERTY (a) Each Party agrees to take all necessary precautions to avoid damaging the other Party's fiber facilities, and those of third parties, and to protect such fiber facilities in the same manner as such Party protects its own facilities. (b) Any damage to the Property caused by SLDF or SLDF-affiliated third parties that results in a loss of service shall be repaired by SLDF, at SLDF's sole cost, within a reasonable time period. Provided that nothing contained herein shall be deemed to release or limit claims that SLDF may have against any third party arising from or related to such damage to facilities. (c) Any damage to the Property, including conduit or other City infrastructure, by third parties unaffiliated with either Party shall be promptly repaired by the City. (d) If SLDF or SLDF-affiliated third party damages City Fibers and related facilities or facilities owned by third parties within the Property, SLDF shall immediately notify City and, if the damaged facility is owned or leased by a third party, take reasonable efforts to notify the owner of the damaged facility. If required by City, SLDF shall effect repairs to the damaged facilities within a reasonable time period based on the nature of the damage conditions at the site. (e) In the event of damages described herein, City may elect to hire a third party contractor to effect repairs to any damaged facility within the Project if, , SLDF notifies the City that it will not or cannot effect repairs within a reasonable time period and, present an invoice to SLDF for all Costs directly incurred for repairs to the damaged facilities, including, but not limited to, staff time costs, traffic control, police services, notification of third parties, and consultant and contractor costs. (0 For the purposes of these requirements, a "reasonable time period" shall mean that SL Dark Fiber must mobilize personnel to respond to the repair site within four (4) hours after the time of becoming aware of an event requiring Emergency Unscheduled Maintenance of Services and work diligently and continuously until any outage is resolved with restoration of service. This provision shall not be applied if SL Dark Fiber notifies the City of a Force Majeure event.(g) Within thirty (30) days of the First Amendments execution date, SLDF shall provide to City for its review and approval a Protocol Document and Escalation Matrix, outlining procedures to be followed in the event of service loss. 17 First Amendment to SL Dark Fiber License Agreement