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with the Contractor Terms and the CPNI Laws. To ensure compliance with the foregoing, <br />Contractor will not be required to share Subscriber data with the County in the normal course of <br />its operations under this Agreement and will be entitled to withhold any CPNI or other <br />personally -identifying Subscriber information in response in any audit conducted by the County <br />or otherwise in any response to the County's request for information. <br />10. Maintenance. <br />A) Scheduled Maintenance. Scheduled maintenance and repair of the Network Assets <br />("Scheduled Maintenance") will only be performed by or under the direction of Contractor. <br />Scheduled Maintenance will include the following activities: <br />i) Monitoring of the Network Assets on a regular basis; <br />ii) Maintenance of a "Call -Before -You -Dig" program and all required and related <br />cable locates; <br />iii) Assignment of fiber maintenance technicians to a location within the fiber optic <br />telecommunications area network. <br />B) Unscheduled Maintenance. Non -routine maintenance and repair of the Network Assets that is <br />not included as Scheduled Maintenance ("Unscheduled Maintenance") will be performed by <br />or under the direction of Contractor. Unscheduled Maintenance will consist of. <br />i) "Emergency Unscheduled Maintenance" in response to an alarm identification by <br />Contractor's Network Operations Center ("NOC"), or notification by any third <br />party of any failure, interruption, or impairment in the operation of the Network <br />Assets, or any event imminently likely to cause the failure, interruption or <br />impairment in the operation of the Network Assets. <br />ii) "Non -Emergency Unscheduled Maintenance" in response to any potential <br />service -affecting situation to prevent any failure, interruption, or impairment in <br />the operation of the Network Assets. <br />C) Relocation. For clarity, Contractor's right to maintain the Network Assets includes the right <br />for Contractor to relocate Network Assets should it determine such a relocation is necessary <br />or advisable. Circumstances in which Contractor may relocate all or any Network Assets <br />include, but are not limited to, the following: (i) if a third party with legal authority to do so <br />orders or threatens to order such relocation (e.g., through filing or threatening to file a <br />condemnation suit), (ii) in order to comply with applicable laws, (iii) to prevent or abate <br />interference with or interruption of the County Funded Network Facilities, or an <br />unreasonable risk thereof, due to the existence of physical conditions (e.g., rock slides, <br />seismic conditions), (iv) to reduce governmental fees or taxes assessed against it or the <br />County if mutually agreed by the parties, or (v) if it determines to do so in its reasonable <br />business judgment. Any relocation of the Network Assets will be performed at Contractor's <br />sole cost and expense unless such relocation is requested or required by or as a result of the <br />Professional Services Agreement <br />Page 28 of 35 <br />