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10.6 Neither Party shall adjust, remove, relocate, align, or attempt to repair the other
<br /> Party's equipment except as expressly authorized in advance in writing by the other Party. Each
<br /> Party will be liable for any loss or damage to the other Party's equipment arising from that party's
<br /> negligence, intentional act, unauthorized maintenance.
<br /> ARTICLE 11
<br /> PERMITS; RELOCATION
<br /> 11.1 Subject to the terms and provisions of this Agreement, CITY shall use
<br /> commercially reasonable efforts to obtain and maintain during the Term, certain rights of way and
<br /> other agreements which are necessary for the use of the Fiber System by the CITY in accordance
<br /> with this Agreement.
<br /> 11.2 If, after the Acceptance Date with respect to any Segment, CITY is required (i) by
<br /> a third party with legal authority to so require or(ii)by an act of nature(including,without limitation,
<br /> erosion, earthquakes, flood, sinkhole, etc.), (iii) or if Customer agrees, to relocate any portion of
<br /> the Fiber System, with respect to such Segment, including any of the facilities used or required
<br /> in providing the IRU, CITY shall proceed with such relocation, including without limitation, the
<br /> right, in good faith, to reasonably determine the extent of, the timing of, and methods to be used
<br /> for such relocation; provided that any such relocation shall incorporate fibers meeting or
<br /> exceeding the specifications of the Dark Fiber. In the event of any such relocation, CITY shall
<br /> use commercially reasonable efforts to minimize any service interruptions.
<br /> 11.3 CITY shall notify Customer in writing of Customer's Proportionate Share of the
<br /> Costs of relocation. If Customer consents to the relocation, then Customer shall be responsible
<br /> for its Proportionate Share of the Costs of relocation, which will be invoiced to Customer by CITY.
<br /> If Customer does not consent, then it shall terminate this Agreement with respect to the Dark
<br /> Fiber that requires relocation, and Customer shall have no further payment obligations with
<br /> respect to it effective 30 days after Customer provides CITY notice.
<br /> ARTICLE 12
<br /> OPERATION AND USE OF THE FIBER SYSTEM
<br /> 12.1 Customer confirms that it will use the Dark Fiber in compliance with and subject to
<br /> all applicable government codes, ordinances, laws, rules, and regulations. Notwithstanding
<br /> anything to the contrary contained herein, Customer shall secure, prior to the IRU Effective Date
<br /> with respect to each Segment and maintain in full force and effect during the Term, any and all
<br /> necessary approvals, consents, rights of way, permits, franchises, licenses or similar approvals
<br /> from all governmental and other authorities which are necessary or required to be obtained by
<br /> Customer for the CITY to grant the IRU to Customer and for the use and operation of the Dark
<br /> Fiber by Customer.
<br /> 12.2 Subject to the limitations set forth in this Agreement, Customer may use the Dark
<br /> Fiber for lawful broadband purposes including, but not limited to voice, data, and video
<br /> transmission services. Customer agrees and acknowledges that it has no right to use any of the
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