Common use of RESTORATION OF THE CABLE Clause in Contracts

RESTORATION OF THE CABLE. (1) Bonneville shall immediately, upon notification from XXX of interruption in service, failure, disrepair, impairment, or other need for repair or restoration of the Commercial Fiber, begin to mobilize Bonneville crews and make its continuous best effort to achieve such necessary repair or restoration, including making its best effort to have maintenance personnel at the affected site within 4 hours after receipt of such notice, PROVIDED, HOWEVER, subject to section 12(c)(1), that in the event any of ELI's rights are interrupted pursuant to section 23(a), repairs and restoration shall be made as expeditiously as possible. XXX recognizes that the 4-hour response time represents optimal conditions, and may be impossible to achieve when responding to certain remote locations. Actual response times will be influenced by factors such as the terrain, weather conditions present at the time the request is made, and the actual mileage from Bonneville's dispatch station to the fault site. (2) For purposes of this section, best efforts means activities and performance consistent with prudent utility practice, existing contract provisions for Bonneville's hourly employees ("Collective Agreement between Bonneville and Columbia Power Trades Council"), and response times that do not jeopardize the health and safety of Bonneville employees, agents of Xxxxxxxxxx, XXX employees, or agents of XXX. (3) The Detailed Restoration Plan shall set forth the roles and responsibilities of the respective Parties, and shall address issues regarding logistical considerations, response interval factors, communication between the Parties, sequential activity requirements, and other related items which would impact response time and restoration intervals. The aforementioned issues will be taken into consideration in the determination of whether Bonneville has used its best efforts in such restoration or repair activities. The Detailed Restoration Plan will also set forth financial penalties, if any, to be paid to XXX by Bonneville for failure to use its best efforts on any repair or restoration, including the mobilization effort as set forth above.

RESTORATION OF THE CABLE. (1) Bonneville BPA shall immediately, upon notification from XXX of interruption in service, failure, disrepair, impairment, or other need for repair or restoration of the Commercial Fiber, begin to mobilize Bonneville BPA crews and make its continuous best effort to achieve such necessary repair or restoration, including making its best effort to have maintenance personnel at the affected site within 4 hours after receipt of such notice, PROVIDED, HOWEVER, subject to section 12(c)(1Section 13(c)(1), that in the event any of ELI's rights are interrupted pursuant to section Section 23(a), repairs and restoration shall be made as expeditiously as possible. XXX recognizes that the 4-4 hour response time represents optimal conditions, and may be impossible to achieve when responding to certain remote locations. Actual response times will be influenced by factors such as the terrain, weather conditions present at the time the request is made, and the actual mileage from BonnevilleBPA's dispatch station to the fault site. (2) For purposes of this section, best efforts means activities and performance consistent with prudent utility practice, existing contract provisions for BonnevilleBPA's hourly employees ("Collective Agreement between Bonneville BPA and Columbia Power Trades Council"), and response times that do not jeopardize the health and safety of Bonneville BPA employees, agents of XxxxxxxxxxBPA, XXX employees, or agents of XXX. (3) The Detailed Restoration Plan shall set forth the roles and responsibilities of the respective Parties, and shall address issues regarding logistical considerations, response interval factors, communication between the Parties, sequential activity requirements, and other related items which would impact response time and restoration intervals. The aforementioned issues will be taken into consideration in the determination of whether Bonneville BPA has used its best efforts in such restoration or repair activities. The Detailed Restoration Plan will also set forth financial penalties, if any, to be paid to XXX by Bonneville BPA for failure to use its best efforts on any repair or restoration, including the mobilization effort as set forth above.

RESTORATION OF THE CABLE. (1) Bonneville Except as provided in section 13(c)(1), BPA shall immediately, upon notification from XXX of interruption in service, failure, disrepair, impairment, or other need for repair or restoration of the Commercial Fiber, begin to mobilize Bonneville BPA crews and make its continuous best effort to achieve such necessary repair or restoration, including making its best effort to have maintenance personnel at the affected site within 4 hours after receipt of such notice, PROVIDED, HOWEVER, subject to section 12(c)(1), that in the event any of ELI's rights are interrupted pursuant to section 23(a), repairs and restoration shall be made as expeditiously as possible. XXX recognizes that the 4-hour response time represents optimal conditions, and may be impossible to achieve when responding to certain remote locations. Actual response times will be influenced by factors such as the terrain, weather conditions present at the time the request is made, and the actual mileage from BonnevilleBPA's dispatch station to the fault site. (2) For purposes of this section, best efforts means activities and performance consistent with prudent utility practice, existing contract provisions for BonnevilleBPA's hourly employees ("Collective Agreement between Bonneville BPA and Columbia Power Trades Council"), and response times that do not jeopardize the health and safety of Bonneville employees, agents of Xxxxxxxxxx, XXX employees, BPA employees or agents of XXXor XXX employees or agents. (3) The Detailed Restoration Plan shall set forth the roles and responsibilities of the respective Parties, and shall address issues regarding logistical considerations, response interval factors, communication between the Parties, sequential activity requirements, and other related items which that would impact response time and restoration intervals. The aforementioned issues will be taken into consideration in the determination of whether Bonneville BPA has used its best efforts in such restoration or repair activities. The Detailed Restoration Plan will also set forth financial penalties, if any, to be paid to XXX by Bonneville BPA for failure to use its best efforts on any repair or restoration, including the mobilization effort as set forth above.

RESTORATION OF THE CABLE. (1) Bonneville Except as provided in Section 13(c)(1), BPA shall immediately, upon notification from XXX of interruption in service, failure, disrepair, impairment, or other need for repair or restoration of the Commercial Fiber, begin to mobilize Bonneville BPA crews and make its continuous best effort to achieve such necessary repair or restoration, including making its best effort to have maintenance personnel at the affected site within 4 hours after receipt of such notice, PROVIDED, HOWEVER, subject to section 12(c)(1), that in the event any of ELI's rights are interrupted pursuant to section Section 23(a), repairs and restoration shall be made as expeditiously as possible. XXX recognizes that the 4-hour response time represents optimal conditions, and may be impossible to achieve when responding to certain remote locations. Actual response times will be influenced by factors such as the terrain, weather conditions present at the time the request is made, and the actual mileage from BonnevilleBPA's dispatch station to the fault site. (2) For purposes of this sectionSection, best efforts means activities and performance consistent with prudent utility practice, existing contract provisions for BonnevilleBPA's hourly employees ("Collective Agreement between Bonneville BPA and Columbia Power Trades Council"), and response times that do not jeopardize the health and safety of Bonneville employees, agents of Xxxxxxxxxx, XXX employees, BPA employees or agents of XXXor XXX employees or agents. (3) The Detailed Restoration Plan shall set forth the roles and responsibilities of the respective Parties, and shall address issues regarding logistical considerations, response interval factors, communication between the Parties, sequential activity requirements, and other related items which that would impact response time and restoration intervals. The aforementioned issues will be taken into consideration in the determination of whether Bonneville BPA has used its best efforts in such restoration or repair activities. The Detailed Restoration Plan will also set forth financial penalties, if any, to be paid to XXX by Bonneville BPA for failure to use its best efforts on any repair or restoration, including the mobilization effort as set forth above.

RESTORATION OF THE CABLE. (1) Bonneville shall immediately, upon notification from XXX XXX, of a confirmed cable related interruption in service, failure, disrepair, impairment, impairment or other need for repair or restoration of the Commercial XXX Fiber, begin to mobilize Bonneville crews and make its continuous best effort to achieve such necessary repair or restoration, including making its best effort to have maintenance personnel at the affected site within 4 four (4) hours after receipt of such notice, PROVIDEDprovided, HOWEVER, subject to section 12(c)(1)however, that in the event any of ELI's XXX rights are interrupted pursuant to by events described in section 23(a19(a), repairs and restoration shall be made as expeditiously as possible. XXX recognizes that the four (4-) hour response time represents optimal conditions, and may be impossible to achieve particularly when responding to certain remote locationslocations and including, but not limited to, events of Force Majeure. Actual response times will be influenced by factors such as the terrain, weather conditions present at the time the request is made, and the actual mileage from Bonneville's dispatch station to the fault site. (2) For purposes of Whenever, in accordance with this sectionAgreement, Bonneville is required to use its best efforts means activities and performance efforts, it shall be deemed to have done so if it acts consistent with Prudent Utility Practice. Prudent Utility Practice shall mean the practice that would be employed under comparable circumstances by a prudent owner and operator in the utility practicebusiness in accordance with good industry practices, and specifically accounting for existing contract provisions for Bonneville's hourly employees ("Collective Agreement between Bonneville BPA and Columbia Power Trades Council"), and response times that do not jeopardize the health and safety of Bonneville employees, agents of Xxxxxxxxxx, XXX employees, employees or agents of XXX. (3) The Detailed Restoration Plan shall set forth the roles and responsibilities of the respective Parties, and shall address issues regarding logistical considerations, response interval factors, communication between the Parties, sequential activity requirements, and other related items which would impact response time and restoration intervals. The aforementioned issues will be taken into consideration in the determination of whether Bonneville has used its best efforts in such restoration or repair activities. The . (4) If Bonneville is unable to begin to provide restoration within the agreed-upon timeframe pursuant to section 9(d)(1), Bonneville shall provide XXX or ELI's Bonneville-approved subcontractor access to the Cable, pursuant to the Detailed Restoration Plan Plan, after notification from XXX of confirmed Cable-related interruption in service, failure, disrepair, impairment, or other need for repair, so that XXX or its Bonneville-approved subcontractor can make necessary repairs to the Cable provided such repairs are made in accordance with all current Bonneville and industry safety standards. Prudent Utility Practice shall govern all activities undertaken pursuant to this section 9(c)(4). (5) To the extent the Cable has been maintained by Bonneville in accordance with section 9(a)(1), if the Cable's ability to transmit a signal degrades over time to a level reasonably unacceptable to either Party, the Parties will also set forth financial penaltiesjointly determine the action to be taken and share any costs associated with the action, if any, on a pro rata basis based upon the ratio of XXX Fibers to be paid to XXX by Bonneville for failure to use its best efforts on any repair or restoration, including total fibers in the mobilization effort as set forth aboveCable along the relevant Route.