R2018-26 Authorizing an Indefeasible Right of Use Agreement and Associated Sales Order with CIRDC to Obtain Dark Fiber from the City

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EXHIBIT D Maintenance Specifications and Procedures The Party receiving maintenance services from CITY hereunder shall be referred to herein as the "Customer'. All other capitalized terms not otherwise defined herein shall have their respective meanings as set forth in the Agreement of which this Exhibit forms a part. 1. MAINTENANCE. (a) Scheduled Maintenance. Routine maintenance and repair of the Fiber System described in this Section 1 shall be performed by or under the direction of CITY, at CITY'S reasonable discretion. Scheduled Maintenance shall include the following activities: (i) Patrol of CITY System route on a reasonable routine basis; (ii) Maintenance of a"Call-Before-You-Dig"program and all required and related cable locates; (iii) Maintenance of sign posts along the CITY Fiber System right-of-way; (iv) Assignment of fiber maintenance employees or subcontractors to locations along the Fiber System at intervals dependent upon terrain, accessibility, locate ticket volume, etc. CITY shall decide the staffing of fiber maintenance employees for the Fiber System; and (v) CITY shall have qualified representatives on site any time CITY has reasonable advance knowledge that another person or entity is engaging in construction activities or otherwise excavating within five (5)feet of the Fiber System. (b) Unscheduled Maintenance. Non-routine maintenance and repair of the Fiber System, which is not included as Scheduled Maintenance, shall be performed by or under the direction of CITY. Unscheduled Maintenance shall commence upon the Acceptance Date of the Agreement. Unscheduled Maintenance shall consist of: (i) "Emergency Unscheduled Maintenance" in response to a fiber system alarm triggered by the CITY IT Help Desk' or notification by any third party of any failure, interruption or impairment in the operation of the Fiber System, or any event imminently likely to cause the failure, interruption or impairment in the operation of the Fiber System. (ii) "Non-Emergency Unscheduled Maintenance" in response to any potential service- affecting situation to prevent any failure, interruption or impairment in the operation of the Fiber System. Customer shall immediately report the need for Unscheduled Maintenance to the CITY in accordance with procedures promulgated by the CITY from time to time. CITY IT Help Desk will log the time of Customer's report, verify the problem and dispatch personnel immediately to take corrective action. 25