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(C) Grantee shall ensure that the EAS is functioning properly at all times. It will test the <br /> EAS periodically, in a manner consistent with sound operational practices for emergency systems. <br /> Grantee will advise the City of the testing schedule and the City may be present for the tests. <br /> 13.5 Technical Performance <br /> The technical performance of the Cable System shall meet or exceed all applicable technical <br /> standards authorized or required by law, including, without limitation, FCC technical standards, as <br /> they may be amended from time to time, regardless of the transmission technology utilized. The <br /> City shall have the full authority permitted by applicable law to enforce compliance with these <br /> technical standards. <br /> 13.6 Cable System Performance Testing <br /> (A) Grantee shall, at its expense, perform all tests on its Cable System required by the <br /> FCC and shall maintain written records of its test results. Copies of such test results will be <br /> provided to the City upon request. <br /> (B) All required technical performance tests may be witnessed by representatives of the <br /> City. Upon request, Grantee will notify the City before any required technical proof-of- <br /> performance testing occurs. <br /> (C) Grantee shall promptly take such measures as are necessary to correct any <br /> performance deficiencies fully and to prevent their recurrence as far as possible. Grantee's failure to <br /> correct deficiencies identified through this testing process shall be a violation of this Franchise. <br /> Sites shall be re-tested following correction. <br /> 13.7 Additional Tests <br /> Where there exists other evidence that in the judgment of the City casts doubt upon the <br /> reliability or technical quality of the Cable System, the City shall have the right and authority, upon <br /> thirty (30) days prior written notice to require Grantee to test, analyze and report on the <br /> performance of the Cable System. Grantee shall fully cooperate with the City in performing such <br /> testing and shall prepare the results and a report, if requested, within thirty (30) days after testing. <br /> Such report shall include the following information: <br /> (A) the nature of the complaint or problem which precipitated the special tests; <br /> (B) the Cable System component tested; <br /> (C) the equipment used and procedures employed in testing; <br /> (D) the method, if any, in which such complaint or problem was resolved; and <br /> (E) any other information pertinent to said tests and analysis which may be required. <br /> Page 45 of 58 <br />