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2.5 Maintenance and Repair of Dedicated Fibers and Fiber Egress Points (a) Except as provided below, BART shall be solely responsible for performing (through qualified contractors) all maintenance and repairs necessary to keep the Dedicated Fibers and the designated BART Commercial Fiber Egress Points in good condition and repair and in compliance with all applicable federal, state, and local laws, rules and regulations. (b) In the event of a service interruption caused by physical damage to a communications cable containing one or more of the Dedicated Fibers, BART shall cause such damage to be repaired expeditiously by its contractor. Under normal circumstances, BART's contractor will be required to commence work to diagnose the interruption within four (4) hours after receipt of notice of interruption, subject to obtaining BART's permission to access the area where work is required. BART will use commercially reasonable efforts to allow such access. However, much of the Fiber Route is located within the operating envelope for BART trains; and access to the Fiber Route in such locations may be limited to the hours during which there is no scheduled train service. (c) At City's request and cost, BART shall have its contractor diagnose and remediate any service interruption or degradation that is not covered by Section 2.5(b). (d) In the event both BART's operational facilities and the Dedicated Fibers require maintenance or repair, the restoration of the Dedicated Fibers shall be at all times subordinate to the restoration of BART's operational facilities. Notwithstanding the foregoing, BART shall permit repairs to the Dedicated Fibers to proceed, so long as such activities do not interfere with BART's operation, maintenance or repair activities. 2.6 BART Design Review and Permit Process. (a) The precise location, design, construction methods, and construction schedule for any and all work that is to be done by City under this Agreement shall be determined through BART's design review and permit process, which (among other things) may require City to submit detailed engineering drawings for the installation of any City Fiber Cables that are to be connected at the Demares or BART Commercial Fiber Egress Points. (b) City shall apply for, accept, and comply with the terms of an appropriate BART permit to proceed with each project that is envisioned by this Agreement. General information about that process may be found on BART's website at the following URL address: www.bart.wov/about/business/permits asp. Specific details applicable to City's project may be discussed with the contact person designated on BART's website. (c) Without limiting the generality of the foregoing, City shall maintain and provide satisfactory evidence of such insurance coverage as BART's Manager, Risk and Insurance may require from its permit holders from time to time, presently including without limitation Railway Protective Liability Insurance coverage for certain operations within fifty (50) feet of BART's trackway. See Exhibit B for a copy of City's current certificate of insurance. ADMINLEGAL 122651.3