Design Review/ Independent Telecommunications Engineer Sample Clauses

Design Review/ Independent Telecommunications Engineer. The City may, at its own expense, retain a consultant to review the Conduit Designs. At the City’s request, SBC agrees to provide any documents reasonably necessary to review the Conduit Designs prepared pursuant to this Agreement, and to allow the consultant to contact the designers at SBC for clarification, if necessary. If, after the City's review of any Conduit Design pursuant to this Section 2.2.2, the City has a reasonable, good faith belief that SBC did not use its commercially reasonable business judgment in preparing the applicable Conduit Design, the Parties shall meet in good faith to resolve the dispute. If the Parties are unable to resolve any such dispute within five (5) calendar days, the Parties shall retain the services of a mutually agreeable, independent telecommunications engineer with at least five (5) years experience in designing telecommunications systems similar to those designed by SBC, whose scope of review and authority shall be limited to determining whether SBC used its commercially reasonable business judgment in determining the amount of conduit that is reasonably necessary to accommodate SBC's current and future business needs for the applicable Surcharge Project. If within five (5) calendar days thereafter, the Parties are unable to mutually agree upon an independent telecommunications engineer, the selection of the engineer shall be decided pursuant to the dispute resolution process set forth in Section 17 hereof. The decision of the independent telecommunications engineer shall not be binding on either Party, and any Party who disagrees with the decision of the independent telecommunications engineer may appeal such decision by submitting the matter to the dispute resolution process set forth in Section 17 hereof. Any and all costs of the independent telecommunications engineer shall be the responsibility of the Party against whom the applicable dispute is resolved. Notwithstanding the foregoing, the Parties hereby acknowledge and agree that in no event shall the City be entitled to challenge whether or not SBC used its commercially reasonable business judgment in preparing any Conduit Design if such Conduit Design requires three (3) or less conduits.
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