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2016-030
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Last modified
3/3/2016 11:50:41 AM
Creation date
3/3/2016 11:50:38 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/01/2016
Control Number
2016-030
Agenda Item Number
8.P.
Entity Name
City of Fellsmere
Subject
Term Sheet
Dark Fiber License Agreement
Fiber Optic cable
Area
Fellsmere City Hall Building and Welcome Center
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evaluating the situation within twenty-four (24) hours of LICENSEE's report <br /> of defective performance to IRC's trouble-reporting number as set forth in <br /> Exhibit C. <br /> 8.4.2 IRC's Standby Technical Person Response. Depending on the <br /> nature of the trouble, IRC's standby technical person will take one (1) or <br /> more of the following steps: (a) Make all necessary'repairs; (b) Call one <br /> (1) or more of IRC's backup technical personnel, if any, to make repairs; or <br /> (c) Call IRC's repair contractor, if any, to make repairs. <br /> 8.4.3 Standby Technical Person To Report Estimated Time For Repairs. <br /> When possible, IRC's fiber technical person will inform IRC's Public Works <br /> Director, the estimated time required to make repairs <br /> 8.4.4 IRC Shall Keep LICENSEE Informed. To the extent practicable, IRC <br /> will inform LICENSEE the status of the situation and the estimated time <br /> required to complete repairs. In the event of any interruption of availability <br /> of the Licensed Fibers, IRC shall furnish immediate notice to LICENSEE, <br /> and shall specify in such notice the nature and cause of the interruption, the <br /> extent of the repairs required, and the estimated time to restore, as set forth <br /> in Exhibit C. <br /> 8.4.5 If Temporary Repairs Must Be Made, IRC Will Coordinate Permanent <br /> Repairs. If the initial repairs must be temporary in nature, IRC will <br /> coordinate with LICENSEE to schedule a time convenient to both Parties in <br /> which to make permanent repairs. <br /> 8.5 IRC Shall Inventory Parts For Emergency Repairs. IRC shall keep on its premises <br /> an inventory of parts, including, but not limited to, emergency restoration kits normally <br /> used by the telecommunications industry, to facilitate the emergency and non-scheduled <br /> alterations, maintenance and repairs of any damaged, failed or impaired part of the <br /> Telecommunications Infrastructure, or any part thereof, including the Licensed Fibers. <br /> IRC shall not be required to stock an inventory of parts for emergency and non-scheduled <br /> alterations, maintenance and repairs of any LICENSEE's Property. IRC shall not be liable <br /> for any damages LICENSEE may suffer due to IRC's failure to maintain on its premises <br /> an inventory of parts including, but not limited to, emergency restoration kits normally <br /> used by the telecommunications industry. <br /> 8.6 LICENSEE Shall Maintain LICENSEE's Property. LICENSEE, at its sole cost and <br /> expense, shall be responsible for maintaining LICENSEE's Property, and every part <br /> thereof, and the portion of the Telecommunications Infrastructure that is located within <br /> LICENSEE's premises, or any part thereof, and extending outwards therefrom to the <br /> Demarcation Point. Except as provided in this Section 8.6, LICENSEE shall have no right <br /> to alter, maintain or repair the Telecommunications Infrastructure, or any part thereof, or <br /> any IRC facility. <br /> 14 <br />
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