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ARTICLE 4. SPECIFICATIONS Section 4.01. The Licensee will install and maintain the Licensee's Facilities in accordance with the Technical Specifications and the Applicable Standards. Section 4.02. The Licensee will Tag all of the Licensee's Facilities in accordance with the Technical Specifications. Section 4.03. The Licensee will be responsible for the installation and maintenance ofthe Licensee's Facilities. The Licensee will, at its own expense, make and maintain its Attachments in safe condition and good repair, in a manner suitable to the City. Section 4.04. The Licensee will maintain the Licensee's Facilities so that they do not unreasonably impair the ability of the City or any Other Licensee to use the Poles, or interfere with the operation of any City Facilities. Section 4.05. If any of the Licensee's Facilities are installed, used, or maintained in violation of this Agreement, and the Licensee does not correct the violation within 30 days from receipt of written notice of the violation from the City, or another time period specified by the City in the notice, the City may at its own option correct the violation. The City will attempt to notify the Licensee prior to performing the work whenever practicable, but when the City determines that a violation poses an immediate threat to the safety of any person, or interferes with the performance of the City's service obligations, or poses an immediate threat to the integrity of any City Facilities, the City may perform the work without giving notice to the Licensee. As soon as practicable thereafter, the City will notify the Licensee in writing of the work performed or the action taken. The Licensee will be responsible for paying the City for all costs the City incurs in correcting any violation under this subsection. Any failure of the Licensee to timely correct a violation will constitute grounds for the City to terminate either the Permit for the Attachments involved, or this entire Agreement. Section 4.06. The City's service restoration requirements will take precedence over any work of the Licensee on the Poles. Section 4.07. On all Poles on which there are electric air switches or risers, the Licensee will install its Attachments to the Poles using stand-off brackets approved by the City. ARTICLE 5. PRIVATE AND REGULATORY COMPLIANCE Section 5.01. The Licensee will be responsible for obtaining from the appropriate public and private authorities and persons all authorizations required by the authorities or persons to construct, operate and maintain the Licensee's Facilities on public and private property before the Licensee makes any Attachments to the Poles. The City may require the Licensee to submit evidence that appropriate authorizations have been obtained before issuing a Permit to the Licensee. The Licensee's obligations include, but are not limited to, the obtaining of approvals to occupy public or private rights-of-way and to pay all associated fees. The Licensee will hold harmless, defend and indemnify the City from and against all costs and expenses, including the reasonable fees of attorneys and 6 C:\TEMP\Fiber America pole att.doc