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2. experiences, due to a Grantee network component problem, video, voice and data transmissions that are below the standards set forth in this Exhibit and elsewhere in this Franchise; and/or 3. experiences, due to a Grantee network component problem, a data communications packet loss of greater than ten (10) percent. C. For purposes of this availability standard, I -Net and DFOI problems shall not be defined as: infrequent scheduled preventative maintenance as long as I -Net Users, Dark Fiber Infrastructure Users and/or Additional DFOI Users, as appropriate, are notified well in advance according to the provisions of this Exhibit, user contracts, and the provisions of this Franchise. Except as otherwise provided for herein, network availability is subject to the force majeure provisions of the Franchise and those conditions which are not with the control of the Grantee. However, network downtime shall include, but not be limited to, network failures caused by: third party actions; commercial power outages of a typical, non -catastrophic nature; and power failures and other disturbances caused by weather occurrences typical to the North Metro Franchise Area. The Grantee shall comply with the requirements of the Franchise and this Exhibit to restore service following any of these occurrences. The Grantee shall give the City, the Commission and affected I -Net Users, Dark Fiber Infrastructure Users and Additional DFOI Users notice in the event of any of the foregoing occurrences. IV. Repair and Maintenance A. The Grantee shall maintain, repair, reconstruct and, as necessary, replace I -Net and DFOI plant and facilities (both fiber optic and coaxial) as described below, at no cost to the City, Commission, I -Net Users, Dark Fiber Infrastructure Users or Additional DFOI Users during the term of this Franchise or any extension thereof. The Grantee shall provide technical support on a 7 x 24 x 365 (24 hour a day) basis. Within ten (10) minutes of receiving notice or otherwise learning of a maintenance or repair problem, the Grantee's technicians shall begin actively working on the problem. Under Normal Operating Conditions, the initial page to the technician on call for I -Net and DFOI problems will be within a 10 minute time frame. The Grantee shall work on the problem continuously until it is resolved. Notwithstanding the foregoing, the Grantee shall meet the network availability standard described in this Exhibit B. B. Fiber, over and above that which is required by Section 7 of this Franchise, may be incorporated, where necessary to further reduce amplifier cascades to meet performance standards. Where possible, fiber Nodes may be located within the building or facility of the I -Net User. C. Preventive and routine maintenance on the I -Net and the DFOI shall be performed to ensure that it meets all performance criteria specified herein and in the Franchise. Actual or potential problems discovered in the course of preventive B-3