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DocuSign Envelope ID:32FCA70E-8C9D-4D85-AOBE-B88413353B8B <br /> 7 <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 County that are 1)not listed in the <br /> Mutually Agreed Service Sites in Attachment B, 2)not included in any other grant <br /> supported project area such as RDOF, and 3)be unserved, then that site shall, subject <br /> to the limitations of section 7(g)(ii), automatically be added to the Mutually Agreed <br /> Service Sites in Attachment B and to the number of locations required to be served for <br /> the third disbursement. Upon discovering such a location,the initial Party shall provide <br /> notice to the other within thirty days and the other Party shall provide confirmation <br /> within an additional thirty days.Notwithstanding the foregoing, if the cost to build to <br /> such locations is greater than twice the average cost set forth by Provider in Provider's <br /> response to the Request for Proposal, such location(s) shall not be added to the <br /> Mutually Agreed Service Sites in Attachment B. <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 /> 5 <br />