2022-228-E-County Mgr-North State Communications Advanced Services-Broadband Initiative

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5 a. Generally. Provider shall design, engineer, and construct the Network at its sole risk and expense, in a manner consistent with all requirements set forth in this Agreement. All engineering and design work performed by or on behalf of Provider requiring any certifications or licenses shall be so certified or licensed, and all design documents requiring stamping, or which are customarily stamped, shall be properly stamped by a professional engineer licensed in the State of North Carolina. Provider shall procure and install all Network facilities and equipment, shall supervise and coordinate work by Provider contractors, and shall obtain all necessary Authorizations relating to Network construction and activation. Provider shall perform, or supervise and direct the Work, using Provider’s best skill and attention, and shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work, unless the Parties agree in writing to other specific instructions concerning these matters. Under no circumstances shall County be responsible for a failure by Provider to perform, or supervise, and direct the Work in accordance with this Agreement or Applicable Standards. County shall not have control or charge over, and will not be responsible for, acts or omissions of Provider or any other persons or entities performing portions of the Work. b. Provider shall construct the Network to Pass all locations identified in Attachment B, in accordance with the Construction Plan and Timeline and within the timeframes described in this Agreement. (i) Should there be any locations discovered within the County that are 1) not listed in the Mutually Agreed Service Sites in Attachment B, 2) not included in any other grant supported project area such as RDOF, and 3) be unserved, then that site shall, subject to the limitations of section 7(g)(ii), automatically be added to the Mutually Agreed Service Sites in Attachment B and to the number of locations required to be served for the third disbursement. Upon discovering such a location, the initial Party shall provide notice to the other within thirty days and the other Party shall provide confirmation within an additional thirty days. Notwithstanding the foregoing, if the cost to build to such locations is greater than twice the average cost set forth by Provider in Provider’s response to the Request for Proposal, such location(s) shall not be added to the Mutually Agreed Service Sites in Attachment B. c. Construction Plan and Timeline. A Construction Plan and Timeline, consisting of a Network design, a construction schedule, and quarterly construction activities is included as Attachment C to this Agreement. Provider represents that the Construction Plan and Timeline was prepared after Provider reviewed and verified materials, field measurements, field construction criteria, geographic and geologic features, and regulations and permitting requirements applicable to the Network sections. Provider will perform the Work in accordance with the Construction Plan. d. Modifications to Construction Plan. (i) If, during construction, Provider reasonably determines that a deviation from the Construction Plan (including the construction schedule included therein) is required or appropriate, Provider may do so without prior notice or approval from the County provided that each of the following elements are met: (i) the fiber route as shown in the Construction Plan remains substantially unchanged; (ii) the quality, effectiveness DocuSign Envelope ID: 32FCA70F-8C9D-4D85-A0BE-B88413353B8B