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Access Cables, as allowed or required by this Agreement. City shall, at all times, maintain the City <br />Access Cables located in the designated BART Commercial Fiber Egress Points in good condition <br />and repair, reasonable wear and tear excepted, at its sole cost and expense. <br />6.2 Ownership <br />(a) The Dedicated Fibers, the BART Commercial Fiber Egress Points, and the <br />BART Real Property shall be and remain the property of BART, and City shall have no right, title, <br />or interest therein to any component thereof, other than the right to use the same in accordance <br />with the provisions of this Agreement <br />(b) All City Access Cables shall remain the personal property of City and may <br />be removed by it at any time with BART's prior written permission. <br />6.3 Utilities and Electronic Equipment <br />City shall be responsible for providing the electronic equipment and electrical power that <br />is required to light the Dedicated Fibers and all City Access Cables. No electronic equipment may <br />be placed in the BART Commercial Fiber Egress Points or on BART Real Property by or for City. <br />6.4 Compliance with Laws and Specifications <br />City's use of the Dedicated Fibers, the BART Commercial Fiber Egress Points and the <br />BART Real Property under this Agreement shall comply at all times with all applicable federal, <br />state, and local laws, rules, and regulations. <br />6.5 Approvals <br />City's right to use the Dedicated Fibers is contingent upon City obtaining all certificates, <br />permits, licenses, and other approvals (collectively "Approvals") required from all appropriate <br />authorities under all applicable laws. <br />MAINTENANCE AND REPAIR OF ACCESS CABLES <br />(a) City shall be solely responsible for performing all maintenance and repairs <br />necessary to keep the City Access Cables in good condition and repair and in compliance with all <br />applicable federal, state, and local laws, rules, and regulations. <br />(b) BART reserves the right, in its sole discretion, to make emergency repairs <br />to the City Access Cables located in a BART Commercial Fiber Egress Point or Vault, or on the <br />BART Real Property, at the sole cost and expense of City, in the event that such repairs are needed <br />on an emergency basis to protect BART or the public. <br />ADMINLEGAL 122651.3 <br />