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14 <br /> writing by County, no dark fiber lease or IRU shall operate to relieve Provider from any of its <br /> obligations under this Agreement, including the provision of Communication Services. <br /> 9. MAINTENANCE <br /> a. Provider will perform all necessary scheduled and emergency Maintenance and restoration on <br /> Network facilities it constructs, including but not limited to trunk fiber,the distribution <br /> network portion of the Network, and Service Drops to Customers. Provider shall respond <br /> promptly to any complaints from any property owners. Provider agrees to repair any damage <br /> to Customers' yards and any real or personal property, and to take reasonable action to restore <br /> the Customer's property to the condition that it existed when the Customer signed up for <br /> service, normal wear and tear excepted, within a reasonable amount of time. <br /> b. Network Electronics. Provider will Maintain all electronics, optronics, routers, switches and <br /> other equipment used to activate and operate the Network. Provider will schedule and <br /> perform periodic inspections,Maintenance, and repair to identify and correct any failure, <br /> interruption, or impairment in the operation of the Network. <br /> c. Customer service quality metrics. Provider shall perform all maintenance necessary to <br /> comply with the customer service quality metrics found in Attachment E. <br /> 10. NETWORK OWNERSHIP <br /> Ownership of equipment or real property acquired using Subaward funds shall vest in Provider, as the <br /> acquiring entity, subject to the limitations set forth in 2 CFR §§ 200.311 and 200.313. Title in such property <br /> shall be conditional and subject to such property being used only for the originally authorized purpose, for the <br /> duration of its useful life. No Party may encumber or transfer Award-funded property without first notifying <br /> and, if necessary, obtaining the consent of Authorities. <br /> 11. STANDARD OF CARE <br /> a. The Provider shall exercise reasonable care and diligence in performing the Work in accordance <br /> with generally accepted standards relating to network development projects of this type <br /> throughout the United States and in accordance with Applicable Standards. Provider is solely <br /> responsible for the professional quality, accuracy and timely completion and/or submission of <br /> all work. <br /> b. Provider shall be responsible for all Provider, subcontractor, and sub-subcontractor errors or <br /> omissions, in the performance of the Agreement together with the errors and omissions of any <br /> agent or employee of the Provider or any subcontractor or sub-subcontractor. Provider shall <br /> correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no <br /> additional cost to the County. <br /> c. Provider is an independent contractor of the County. Any and all employees of the Provider <br /> engaged by the Provider in the performance of any work or services required of the Provider <br /> under this Agreement, shall be considered employees or agents of the Provider only and not of <br /> the County, and any and all claims that may or might arise under any workers compensation or <br /> 9 <br />