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(e) Any payment, or portion thereof, that has riot been made by the later of the due date or fifteen (15) days after City's receipt of BART's invoice shall bear interest at the lesser of one and one quarter percent (1.25%) per month, compounded monthly, or the maximum rate permitted by law, from the due date until the date that payment is made. 5. ACCESS 5.1 Access by City (a) City shall have no right to access the Dedicated Fibers or the BART Real Property, except as described in this Article 5. (b) During the work contemplated by Sections 2.3, 2.5, and 6.1, City, its agents, employees, contractors (if any), and subcontractors (if any) shall have such access to the Dedicated Fibers and BART Real Property as BART may determine is reasonably required to effect such work, subject always to BART's standard procedures for access to the various parts of the BART Real Property, including but not limited to the scheduling of access to areas within BART's operating envelope and to the training and supervision of all personnel who are permitted to access BART Real Property. (c) City, its agents, employees, contractors (if any), and subcontractors (if any) shall be permitted reasonable access to the designated BART Commercial Fiber Egress Points for purposes described in Sections 2.3, 2.5, and 6.1. City shall provide no less than ten (10) business days' advance written notice to BART of City's desire to access the BART Commercial Fiber Egress Points for such purposes. (d) City shall, at all times, observe and abide by BART's access rules and regulations. An employee of BART must be present at all times that City's employees, agents, contractors, and subcontractors access the BART Real Property, unless otherwise authorized in writing by BART. The access rights described herein shall be exercised during the term of this Agreement and shall terminate when this Agreement terminates. 5.2 BART Access BART shall have access to the designated BART Commercial Fiber Egress Points at all times, including without limitation during the periods City is placing City Access Cables in, or removing them from, the designated BART Commercial Fiber Egress Points or performing any other work with BART's prior approval, and BART shall have the right to inspect City's work at all times. It is expressly understood by the parties that, regardless of whether BART conducts visits or inspections, BART assumes no responsibility for the quality or adequacy or safety of any work that is done by or for City. 6. USE OF DEDICATED FIBERS, VAULTS AND BART REAL PROPERTY 6.1 Limitation on Use of BART Commercial Fiber Egress Points The designated BART Commercial Fiber Egress Points may be used by City only for the installation, operation, maintenance, replacement, repair, modification, and/or removal of the City ADMINLEGAL 122651.3