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Period'). If SiFi fails to commence Construction by the last day of the <br /> Additional SiFi Cure Period, SiFi shall have an additional ninety (90) <br /> days from the end of the Additional SiFi Cure Period to commence <br /> Construction(the"Additional Cure Period"). If SiFi fails to commence <br /> Construction by the last day of the Additional Cure Period,the City may <br /> terminate this Agreement by written notice to SiFi and neither Party shall <br /> have any liability or obligation under this Agreement. <br /> (iii) Subject to Section 10.2 below, in the event SiFi fails to complete <br /> construction of the System by the Construction Completion Deadline in <br /> accordance with Section 4.1 above and subsequently fails to complete <br /> said construction within the SiFi Cure Period, the City may provide <br /> written notice to SiFi of the City's intent to terminate this Agreement for <br /> such failure. SiFi shall have an additional sixty(60)day period after the <br /> SiFi Cure Period to complete construction (the "Additional SiFi <br /> Completion Cure Period"). If SiFi fails to cure said deficiency by the <br /> last day of the Additional SiFi Completion Cure Period, SiFi shall have <br /> an additional ninety (90) days from the end of the Additional SiFi <br /> Completion Cure Period to achieve Substantial Completion complete <br /> construction(the"Additional Completion Cure Period"). If SiFi fails <br /> to complete said construction by the last day of the Additional <br /> Completion Cure Period, the City may terminate this Agreement by <br /> written notice to SiFi. In the event of such termination pursuant to this <br /> subsection, the City shall within thirty (30) days of the effective date of <br /> such termination elect to either(i)purchase the System by paying to SiFi <br /> by wire transfer of immediately available funds within sixty(60)days of <br /> the effective date of the termination a sum equal to SiFi's costs of <br /> designing, financing and constructing the System for use in the City plus <br /> ten percent (10%) of such costs and upon such payment neither Party <br /> shall have any liability or obligation under this Agreement;or(ii)permit <br /> SiFi to continue all network operations necessary to maximize use of the <br /> existing FON in accordance with this Agreement,the City shall however <br /> have authority over all extensions of the FON in the Public Way. In the <br /> event City elects to permit SiFi to continue all network operations, such <br /> permission may include mutually agreed and executed amendment of <br /> this Agreement, including but not limited to a requirement for additional <br /> compensation to be mutually agreed upon by City and SiFi. <br /> (iv) Subject to Section 10.2 below,at any time after Substantial Completion <br /> is achieved, in the event no internet,voice, data, or video service of any <br /> kind is capable of being provided over the System due to the acts or <br /> omissions of SiFi for a period in excess of one hundred twenty (120) <br /> consecutive days and SiFi fails to restore such capability within the SiFi <br /> Cure Period,the City may provide written notice to SiFi and its lender(s) <br /> of the City's intent to terminate this Agreement. SiFi shall have an <br /> additional thirty(30) day period after the SiFi Cure Period to restore the <br /> Page 22 of 33 <br />