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10 <br /> a. Generally. Provider shall design, engineer, and construct the Network at its sole risk and <br /> expense, in a manner consistent with all requirements set forth in this Agreement. All <br /> engineering and design work performed by or on behalf of Provider requiring any certifications <br /> or licenses shall be so certified or licensed, and all design documents requiring stamping, or <br /> which are customarily stamped, shall be properly stamped by a professional engineer licensed <br /> in the State of North Carolina. Provider shall procure and install all Network facilities and <br /> equipment, shall supervise and coordinate work by Provider contractors, and shall obtain all <br /> necessary Authorizations relating to Network construction and activation. Provider shall <br /> perform,or supervise and direct the Work,using Provider's best skill and attention,and shall be <br /> solely responsible for, and have control over, construction means, methods, techniques, <br /> sequences,and procedures,and for coordinating all portions of the Work,unless the Parties agree <br /> in writing to other specific instructions concerning these matters. Under no circumstances shall <br /> County be responsible for a failure by Provider to perform, or supervise, and direct the Work in <br /> accordance with this Agreement or Applicable Standards. County shall not have control or <br /> charge over, and will not be responsible for, acts or omissions of Provider or any other persons <br /> or entities performing portions of the Work. <br /> b. Provider shall construct the Network to Pass all locations identified in Attachment B, in <br /> accordance with the Construction Plan and Timeline and within the timeframes described in <br /> this Agreement. <br /> (i) Should there be any locations discovered within the Service Area depicted in <br /> Attachment A having neither been listed in the Mutually Agreed Service Sites in <br /> Attachment B nor being included in any other grant supported project area such as <br /> RDOF, then that site shall, subject to the limitations of section 7(g)(ii), automatically <br /> be added to the Mutually Agreed Service Sites in Attachment B and to the number of <br /> locations required to be served for the third disbursement. Upon discovering such a <br /> location, the initial Party shall provide notice to the other within thirty days and the <br /> other Party shall provide confirmation within an additional thirty days. <br /> c. Construction Plan and Timeline. A Construction Plan and Timeline, consisting of a Network <br /> design, a construction schedule, and quarterly construction activities is included as Attachment <br /> C to this Agreement. Provider represents that the Construction Plan and Timeline was prepared <br /> after Provider reviewed and verified materials, field measurements, field construction criteria, <br /> geographic and geologic features, and regulations and permitting requirements applicable to <br /> the Network sections. Provider will perform the Work in accordance with the Construction <br /> Plan. <br /> d. Modifications to Construction Plan. <br /> (i) If, during construction,Provider reasonably determines that a deviation from the <br /> Construction Plan(including the construction schedule included therein) is required or <br /> appropriate, Provider may do so without prior notice or approval from the County <br /> provided that each of the following elements are met: (i)the fiber route as shown in <br /> the Construction Plan remains substantially unchanged; (ii)the quality, effectiveness <br /> and capability of the installed materials remains unchanged; and(iii)the change will <br /> not result in a construction deviation of more than fifteen (15) days from the end of the <br /> quarterly plan. In all other cases, including an actual or anticipated delay in the <br /> 5 <br />