Common use of System Operation and Maintenance Clause in Contracts

System Operation and Maintenance. (a) The Grantor shall use commercially reasonable efforts to cause the System to be maintained in efficient working order and in accordance with industry standards and the standards set forth in Schedule 1 hereto; provided that the parties hereto agree that the specifications set forth in Schedule 1 shall not apply to Local Access or any service provided Off-Net. The Grantor represents that it will provide routine, preventive and corrective maintenance for the System in a manner at least in accordance with prudent industry standards. (b) The Grantor shall have sole responsibility for negotiating, executing and administering contracts and all other aspects related to the construction, operation, maintenance and repair of the System. (c) The Grantor shall initiate and coordinate planned maintenance (or shall cause such action to occur), on the System (which may include the deactivation of the affected part of the System). The Grantor shall advise the Purchaser in writing at least twenty (20) days (or such shorter period as may be agreed) prior to initiating a planned maintenance operation via E-Mail (or via the Grantor's electronic trouble ticket system when implemented), of the timing and scope of such planned maintenance operation. Within five (5) days of such notice, the Purchaser shall respond to the Grantor with regard to such planned maintenance operation and, in the event the Purchaser has objections to such planned maintenance operation, within five (5) days of the Purchaser's response, the parties shall mutually agree to a satisfactory approach to address the Purchaser's concerns and to permit the planned maintenance operation to be accomplished. The Grantor shall not be obligated to give notice of any planned or unplanned service outage that is not Service Affecting.

System Operation and Maintenance. (a) The Grantor shall use commercially reasonable efforts to cause the System to be maintained in efficient working order and in accordance with industry standards and the standards set forth in Schedule 1 hereto; provided that the parties hereto agree that the specifications set forth in Schedule 1 shall not apply to Local Access or any service provided Off-Net. The Grantor represents that it will provide routine, preventive and corrective maintenance for the System in a manner at least in accordance with prudent industry standards. (b) The Grantor shall have sole responsibility for negotiating, executing and administering contracts and all other aspects related to the construction, operation, maintenance and repair of the System. (c) The Grantor shall initiate and coordinate planned maintenance (or shall cause such action to occur), on the System (which may include the deactivation of the affected part of the System). The Grantor shall advise the Purchaser in writing at least twenty (20) days (or such shorter period as may be agreed) prior to initiating a planned maintenance operation via E-Mail (or via the Grantor's electronic trouble ticket system when implemented), of the timing and scope of such planned maintenance operation. Within five (5) days of such notice, the Purchaser shall respond to the Grantor with regard to such planned maintenance operation and, in the event the Purchaser has objections to such planned maintenance operation, within five (5) days of the Purchaser's response, the parties shall mutually agree to a satisfactory approach to address the Purchaser's concerns and to permit the planned maintenance operation to be accomplished. The Grantor shall not be obligated to give notice of any planned or unplanned service outage that is not Service Affecting. (d) In the event of an emergency condition, as defined by the Grantor's internal fiber maintenance procedures, the Grantor shall be entitled to take whatever action it deems necessary to repair the cause of any such emergency condition with or without advance notice to the Purchaser; provided, however, that the Grantor (i) shall share, on a confidential basis, its definition of an emergency condition under its internal fiber maintenance procedures (as such definition may be amended from time to time), (ii) shall provide notice to the Purchaser of such emergency condition as soon as possible and (iii) shall keep the Purchaser apprised of the status of such emergency condition. (e) In the event of disruption of service due to a Force Majeure Event or other emergency, the Grantor shall use commercially reasonable efforts to cause service to be restored as quickly as reasonably possible, and the Grantor shall take such measures as are reasonably necessary to obtain such objective. 15 (f) In no event shall the Grantor be liable to the Purchaser for any credits or damages resulting from outage or degradation of service during a planned maintenance operation.