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(lii) any failure of title to the Facilities or any placement or enforcement of any <br />lien, charge or encumbrance on the Facilities or on any improvements thereon <br />that is not consented to in writing by, or arising out of any action or agreement <br />entered into by, either party to the Agreement; <br />(iv) the inability of CAECD and its subcontractors to gain and maintain access to all <br />areas of the Facilities and/or adjoining the Facilities where work is required to <br />be performed hereunder; <br />(v) the preemption, confiscation, diversion, destruction, or other interference by, <br />on behalf, or with authority of a governmental body relating to a declared or <br />asserted public emergency or any condemnation or other taking by eminent <br />domain or similar action, in the possession of property, equipment or <br />materials located at the Facilities, or in the performance of the Services to be <br />performed by CAECD hereunder; <br />(vi) strikes, work stoppages, or labor disputes affecting CAECD and any <br />subcontractor (excluding material suppliers) of CAECD; <br />(vii) with respect to CAECD, damage to the Facilities caused by third parties not <br />related to or under the control of the CAECD, including, but not limited to, <br />contractors and subcontractors for the CAECD; and, <br />(viii) the failure of any subcontractor or supplier to furnish services, materials or <br />equipment on the dates agreed to, but only if such failure is the result of an <br />event that would constitute Force Majeure if it affected the CAECD directly, <br />and the CAECD is not able after exercising all reasonable efforts to timely <br />obtain substitutes. <br />M. Abide by the Regional Backup Communications Center (RBOC) Access Control Policy, <br />included as attachment A, as if recited verbatim herein. <br />2.2 CAECD agrees to; <br />A. Be responsible for maintaining all RBUC physical plant including primary electrical <br />systems, 9-1-1 systems, HVAC and network wiring as budgeted and with approved <br />available funds; <br />B. Provide access control security as require by the CAS Security Policy and maintain <br />access control systems and badging for appropriate personnel and contractors; <br />C. Provide training facilities, including Solacom and CritiCall consoles; <br />D. Schedule training based on priority availability given to training offered on a regional <br />basis and requested according to 2.1.H.; and <br />Page 3 of 9 <br />PSAP City 2018 <br />