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<br />replacement or repair of any utilities that are damaged by Grantee or its subcontractors during <br />construction or maintenance activities. <br /> <br />(h) Newlv Constructed and Reconstructed Arterial Streets. Grantee <br />acknowledges that Section 33-54 of Chapter 33 of the Municipal Code generally prohibits the <br />cutting or opening of newly constructed or resurfaced arterial streets for a period of five years <br />following construction or resurfacing, except in the case of emergency or imminent peril to life, <br />limb, or property, as determined by the City Engineer. Grantee assumes sole responsibility for <br />informing itself of planned street construction and resurfacing in connection with its proposed <br />construction and maintenance activities related to its cable system. <br /> <br />8. SYSTEM PERFORMANCE TESTS AND COMPLIANCE REVIEWS <br /> <br />8.1. Svstem Performance Tests. <br /> <br />(a) Upon reasonable notice, and during normal business hours, Grantee must <br />permit inspection of its cable system facilities within the franchise service area by any duly <br />authorized representative of Grantor. Grantee may designate one or more representatives to <br />accompany Grantor's representatives on any such inspection. <br /> <br />(b) The Grantor may, at its own expense and upon 30 days written notice to <br />Grantee, conduct independent tests of the system to verify that the system complies with all <br />technical standards required by this Agreement. Grantee must fully cooperate in facilitating <br />these independent tests. Grantee's representative will observe system tests that are conducted in <br />a manner substantially similar to those described in Subsection 4.7 of this Agreement. Test sites <br />will be selected by the Grantor. If the test results demonstrate that Grantee has materially failed <br />to comply with required technical standards, the cost of the system performance tests will be <br />borne by Grantee. No penalty under Subsection 11.3 will apply to any material incident of <br />noncompliance that is identified for which Grantee reimburses the Grantor and which incident of <br />noncompliance is corrected within 30 days, or such longer period of time as may be specified in <br />Grantor's written notice. <br /> <br />8.2. Compliance Reviews. <br /> <br />(a) Upon Grantor's request to be made not more frequently than annually, <br />Grantor and Grantee will meet to review the performance of the cable television system. This <br />review may include consideration of the following: <br /> <br />I. Grantce's compliance with the technical standards specified in this <br /> <br />Agreement. <br /> <br />2. The reports required by this Agreement that relate to subscriber <br />complaints received by the Grantee concerning consumer protection standards specified in this <br />Agreement. <br /> <br />3. The types and quality of services provided by Grantee. <br /> <br />12097 -0002\6806 72v 19 .doc <br /> <br />-24- <br /> <br />City of Santa Ana <br />EXECUTION COPY 4/07/0S <br />