Indefeasible Right of Use Agreement不可撤

销使用权协议-

Any party responsible for providing maintenance of the AAA System

hereunder shall be referred to herein as the Service Provider. The party receiving maintenance services from the Service Provider hereunder shall be

referred to herein as the Service Recipient . All other capitalized terms not otherwise defined herein shall have their respective meanings as set forth in the IRU Agreement of which this Exhibit forms a part.

1. Maintenance.

(a) Scheduled Maintenance. Routine maintenance and repair of the AAA System described in this section ( Scheduled Maintenance ) shall be performed by or under the direction of Service Provider, at Service Provider’s reasonable discretion or at Service Recipient’s request. Scheduled Maintenance shall commence with respect to each Segment upon the effective date of the grant of the IRU therein, as provided in the IRU Agreement. Scheduled Maintenance shall include the following activities:

(i) Patrol of AAA System route on a regularly scheduled basis, which will be weekly unless hyrail access is necessary in which case it will be quarterly;

(ii) Maintenance of a CallBeforeYouDig program and all required and related cable locates;

(iii) Maintenance of sign posts along the AAA System rightofway with the number of the local Call Before You Dig organization and the 800 number for AAA’s Call Before You Dig program; and

(iv) Assignment of fiber maintenance technicians to locations along the route of the AAA System at approximately mile intervals dependent upon terrain and accessibility.

(b) Unscheduled Maintenance. Nonroutine maintenance and repair of the AAA System which is not included as Scheduled Maintenance ( Unscheduled Maintenance ), shall be performed by or under the direction of Service Provider. Unscheduled Maintenance shall commence with respect to each Segment upon the effective date of

the grant of the IRU therein, as provided in the IRU Agreement. Unscheduled Maintenance shall consist of:

(i) Emergency Unscheduled Maintenance in response to an alarm identification by Service Provider’s Operations Center, notification by Service Recipient or notification by any third party of any failure, interruption or impairment in the operation of the AAA System, or any event imminently likely to cause the failure, interruption or impairment in the operation of the AAA System.

(ii) NonEmergency Unscheduled Maintenance in response to any potential serviceaffecting situation to prevent any failure, interruption or impairment in the operation of the AAA System.

Service Recipient shall immediately report the need for Unscheduled Maintenance to Service Provider in accordance with procedures promulgated by Service Provider from time to time. Service Provider w ill log the time of Service Recipient’s report, verify the problem and will dispatch personnel immediately to take corrective action.

2. Operations Center.