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NON-LTER repair is subject to the then current <br /> Illinois Underground Utility Facilities Damage <br /> Prevention Act(220 ILCS 501), and all other <br /> applicable laws and regulations. <br /> b) SiFi's Contractor's response time: <br /> On-site within seventy-two(72)hours <br /> (3) Life Threatening Emergency Response <br /> ("LTER") <br /> a) Description: Break or hit in the main <br /> gas,main electric, main water,or main sewer or <br /> storm line in the Public Way that has an immediate <br /> and direct impact to the traveling safety of the <br /> public in or around the Public Way, and wherein the <br /> City's ability to implement repairs are impacted by <br /> the SiFi System and/or City repairs may impact the <br /> SiFi System. <br /> b) SiFi's Contractor's response time: <br /> On-site within two(2)hours as per JULIE <br /> protocols. <br /> (ii) Upon notice from the City, SiFi will use reasonable <br /> efforts to dispatch a technician to the specified fault location as <br /> identified by the City. SiFi,working with the City,will then make <br /> the determination as to whether the technician will proceed with <br /> the repair(s) if possible,wait for arrival of a City contractor, if <br /> necessary, for investigation and/or repair of work, or leave the site. <br /> 7.3 Existing City Fiber Optic Network. The parties to this Agreement acknowledge <br /> that the City owns and operates a fiber optic network in limited locations. Nothing in this <br /> Agreement shall be construed to limit or restrict the City's right to continue to operate, <br /> maintain and extend this limited fiber optic network, service and infrastructure. However, at <br /> any time before or during this Agreement, and only subject to a mutually executed written <br /> agreement,the City may elect to sell the assets and appurtenance of its network to SiFi,but is <br /> under no obligation to do so. <br /> SECTION 8 <br /> 8. Breach; RiLyhts and Remedies; Termination; Indemnification. <br /> 8.1. SiFi Breach or Default. In the event the City believes that SiFi has not complied <br /> with or is otherwise in default with regard to any material term of this Agreement, the City shall <br /> promptly notify SiFi in writing with specific details regarding the exact nature of the alleged <br /> noncompliance or default (a "City Breach Notice"). SiFi shall not be in breach where SiFi can <br /> Page 20 of 33 <br />