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Independent of changes over time of CONTRACTOR's posted Internet Terms and Conditions, <br />CONTRACTOR will: <br />A) Never block, throttle, impede, or cap any lawful Internet traffic for locations <br />in the COUNTY; and <br />B) Maintain monthly broadband service fees for locations in the County, in line <br />with those for similarly situated customers in other counties of Washington; <br />and <br />C) Operate the Network Assets within the guidelines of "net neutrality." An <br />exception to this may be if a broadband wholesaler to CONTRACTOR does <br />not follow these guidelines. <br />CONTRACTOR will maintain sole ownership and control over all Subscriber data, including all <br />"customer proprietary network information" as defined under the Telecommunications Act of <br />1996 and applicable Federal Communications Commission rules (the "CPNI Laws"). <br />CONTRACTOR will collect and store all Subscriber data, including all "customer proprietary <br />network information" in accordance with the CONTRACTOR Terms and the CPNI Laws. To <br />ensure compliance with the foregoing, CONTRACTOR will not be required to share Subscriber <br />data with the COUNTY in the normal course of its operations under this Agreement and, <br />notwithstanding anything in the Master Service Agreement to the contrary, will be entitled to <br />withhold any CPNI or other personally -identifying Subscriber data in response in any audit <br />conducted by the COUNTY or otherwise in any response to the COUNTY's request for <br />information. <br />10. Maintenance. <br />A) Scheduled Maintenance. Maintenance and repair of the Network Asset described in <br />this section ("Scheduled Maintenance") will only be performed by or under the <br />direction of CONTRACTOR. Scheduled Maintenance will include the following <br />activities: <br />i) Monitoring of the Network Asset on a regular basis; <br />Maintenance of a "Call -Before -You -Dig" program and all required and <br />related cable locates; <br />Assignment of fiber maintenance technicians to a location within the fiber <br />optic telecommunications area network. <br />B) Unscheduled Maintenance. Non -routine maintenance and repair of the Network Asset <br />which is not included as Scheduled Maintenance ("Unscheduled Maintenance") will <br />Professional Services Agreement <br />Page 27 <br />