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SECTION 4: SERVICE INTERRUPTIONS AND OUTAGES <br /> A. Franchisee shall promptly notify the City of any Significant Outage of the Cable <br /> Service. <br /> B. Franchisee shall exercise commercially reasonable efforts to limit any Significant <br /> Outage for the purpose of maintaining,repairing, or constructing the Cable System. Except in an <br /> emergency or other situation necessitating a more expedited or alternative notification procedure, <br /> Franchisee may schedule a Significant Outage for a period of more than four (4) hours during <br /> any twenty-four(24) hour period only after the City and each affected Subscriber in the Service <br /> Area have been given fifteen (15) days prior notice of the proposed Significant Outage. <br /> Notwithstanding the foregoing, Franchisee may perform modifications, repairs and upgrades to <br /> the System between 12:01 a.m. and 6 a.m. which may interrupt service, and this Section's notice <br /> obligations respecting such possible interruptions will be satisfied by notice provided to <br /> Subscribers upon installation and in the annual Subscriber notice. <br /> C. Franchisee representatives who are capable of responding to Service Interruptions <br /> must be available to Respond twenty-four(24)hours a day,seven(7)days a week. <br /> D. Under Normal Operating Conditions, Franchisee must Respond to a call from a <br /> Subscriber regarding a Service Interruption or other service problems within the following time <br /> frames: <br /> (1) Within twenty-four (24) hours, including weekends, of receiving <br /> Subscriber calls about Service Interruptions in the Service Area. <br /> (2) Franchisee must begin actions to correct all other Cable Service problems <br /> the next business day after notification by the Subscriber or the City of a Cable Service problem. <br /> E. Under Normal Operating Conditions, Franchisee shall complete Service <br /> Calls within seventy-two (72) hours of the time Franchisee commences to Respond to the <br /> Service Interruption, not including weekends and situations where the Subscriber is not <br /> reasonably available for a Service Call to correct the Service Interruption within the seventy-two <br /> (72)hour period. <br /> F. Franchisee shall meet the standard in Subsection E. of this Section for ninety <br /> percent(90%)of the Service Calls it completes,as measured on a quarterly basis. <br /> G. Franchisee shall provide the City with a report upon request from the City, but in <br /> no event more than once a quarter, forty-five (45) days following the end of each calendar <br /> quarter, noting the percentage of Service Calls completed within the seventy-two (72) hour <br /> period not including Service Calls where the Subscriber was reasonably unavailable for a Service <br /> Call within the seventy-two (72) hour period as set forth in this Section. Subject to consumer <br /> privacy requirements, underlying activity will be made available to the City for review upon <br /> reasonable request. At the Franchisee's option, the above measurements and reporting may be <br /> changed from calendar quarters to billing or accounting quarters one time during the term of this <br /> Agreement. Franchisee shall notify the City of such a change at least thirty(30)days in advance <br /> of any implementation. <br /> EVERETT 28 <br /> Seattle-3388207.8 0010932-00119 <br />