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controversy or significant non-compliance, and such tests will <br />be limited to the padicular matter of controversy. The City may <br />conduct such tests independently on five (5) days advance <br />notice to Franchisee. The City will endeavor to so arrange its <br />request for such special tests so as to minimize hardship or <br />inconvenience to the Franchisee and the Subscriber(s). <br /> <br />Continuing Tests. <br /> <br />(1) The Franchisee shall select locations at the extremities of <br />the System to install equipment to establish sufficient <br />permanent test points in accordance with federal law and <br />sound engineering practices. The Franchisee shall perform <br />proof of performance tests at these locations at least once <br />every six months through the life of the Franchise except as <br />federal law otherwise limits its obligation, and at other times <br />and points where complaints indicate tests are warranted. The <br />tests shall demonstrate System compliance with technical <br />specifications established pursuant to Franchise, or other <br />applicable law. If the City requests to witness the tests, it shall <br />be notified in writing delivered to the City Clerk at least 48 <br />hours in advance of any testing. <br /> <br />(2) A written report of all test results shall be filed with the <br />City Clerk within thirty (30) days of each test. If the location <br />fails to meet performance specifications, the Franchisee, <br />without requirement of additional notice or request from City, <br />shall take corrective action, retest the location and advise the <br />City of the action taken and results achieved by writing filed <br />with the City Clerk. The City shall have the option of <br />witnessing such follow-up tests and shall be notified in writing <br />delivered to the City Clerk at least 48 hours in advance of any <br />such follow-up testing. <br /> <br />(3) At any time after commencement of service to <br />Subscribers the City may require additional tests, full or partial <br />repeat tests, different test procedures or tests involving a <br />specific Subscriber's terminal. Requests for such additional <br />tests will be made on the basis of complaints received or other <br />evidence indicating an unresolved controversy or significant <br />non-compliance, and such tests will be limited to the particular <br />matter in controversy. The City may conduct such tests <br />independently on three (3) days advance notice to franchisee. <br /> <br />35 <br /> <br /> <br />