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<br />? <br />services of an independent consultant because the Cable System has experienced a <br />repeated and verifiable pattern of failure to deliver adequate service, then for such <br />occasions, the GRANTEE agrees to pay the reasonable fees and expenses of the <br />independent consultant. For purposes of this subsection, "a repeated and verifiable <br />pattern of failure to deliver adequate service" shall mean a main distribution system <br />failure lasting for more than six (6) hours and impacting 5% or more of the system <br />Subscribers occuring six (6) times or more in one calendar year. <br />2. The Proof-of-Performance technical inspection and evaluation of the <br />System shall consist of, but not limited to the following: <br />a. The technical evaluations shall be consistent with the provisions of the <br />Federal Communications Commission Technical guidelines for cable <br />television systems defined by 47 CFR; 76 Subpart k, as adopted by the <br />Federal Communications Commission in February 1992 and remain <br />consistent with any modification made by the Commission after <br />February, 1992.. <br />b. The GRANTEE shall make available to the independent consultant, if one <br />is engaged, previous FCC Proof-of-Performance Reports. Said <br />performance reports shall be analyzed to determine compliance with the <br />FCC standards in the rules that govern technical operations. In addition, <br />the GRANTEE shall provide a copy of FCC Form 320 or similar form <br />required by the FCC. The independent consultant, if one is engaged, <br />shall review the Basic Signal Leakage Performance Reports for <br />compliance with the FCC Rules. <br />c. A physical plant inspection will be performed by the GRANTEE under the <br />supervision of the independent consultant if one is engaged by the City. <br />The physical plant inspection shall consist of a series of inspections at <br />no less than 20 representative cable trunks and distribution locations <br />throughout the service area. <br />The aforementioned 20 point inspection may, at the discretion of the <br />independent consultant, be substituted with a drive by of no less than <br />20% of the total plant mileage, if in the belief of the independent <br />consultant such substitutions may yield more useful information. <br />d. A physical evaluation shall be under taken by the GRANTEE with the <br />participation of the independent consultant if one is engaged by the City <br />to assess, evaluate and analyze the following items: <br />1. Corrosion and/or other damage due to water ingress <br />and/or other environmental impacts. <br />9