Hotwire will be responsible, at its expense, for maintaining the Fibrant System Assets (except with respect to Customer Services Center roof and structure and certain pre-lease obligations regarding pole attachments), including repairing fiber cuts on a timely basis and replacing worn out or defective assets. All such maintenance and repair is to be done in accordance with Prudent Communication Service Industry Practice and with Engineering Standards set forth in the Lease Agreement.
“Engineering Standards” means standards and specifications for the construction, installation, repair, or replacement of Capital Improvements, and the use of materials and equipment, that are (i) in accordance with Required Licenses, Legal Requirements, Prudent Communication Service Industry Practice, System Insurance Requirements, System Contract Requirements, and Manufacturer’s Recommendations; (ii) requiring no less quality, precision, and care than the engineering standards applied by Hotwire or its Affiliates in distribution systems similar to the Fibrant System; (iii) do not degrade the structural integrity of the Fibrant System or any material System Asset, and (iv) in the case of any Capital Improvement that would reasonably be expected to cost $200,000 or more, the construction, installation, repair, or replacement thereof will be (A) effected pursuant to detailed plans and specifications approved by the City, and (B) conducted under the supervision of a qualified architect or engineer selected by Hotwire and approved by the City, such approval in each case not to be unreasonably withheld, conditioned, or delayed.
The City will remain responsible, at its expense, to maintain the roof and structural portions of the Customer Service Center and the HVAC Equipment serving the Customer Service Center, including any necessary capital improvements. In addition, the City will be responsible for correcting, repairing, or otherwise taking actions required to re-locate, repair, or replace certain pole attachments that may have been installed incorrectly prior to the date of the Lease Agreement.