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Department of Transportation or the City therefor. If the damage is to the City Conduit only, then the City shall be solely responsible for the cost of repairing the City Conduit and obtaining any necessary permits, and shall act as expeditiously as practicable to repair such conduit. In the event that both are damaged, the City shall be responsible for repairing the City Conduit, and the Authority shall be responsible for re -running the Authority Fiber in the same manner as set forth in Sections 5.1, 5.2, and 5.10. In the event that the City and the Authority agree, in writing, to use the same contractor for repair of both the City Conduit and the fiber, the Parties agree that the contractor shall be instructed to keep accurate records of costs for each, such that each Party can be responsible for its share of the contractor's invoice in accordance with this Section. 5.9 Removal and Ownership of Fiber. Upon the termination or non -renewal of this Agreement, the Authority may, at its option, (a) remove its Authority Fiber, or (b) abandon the Authority Fiber in place. If the Authority abandons the Authority Fiber, it shall become the property of the City. 5.10 Approved Contractors and Notice. The City's then -current contractor for the maintenance of its fiber optic network infrastructure shall be the Approved Contractor (as of the date of this Agreement, the City's contractor is Danella Construction, Inc.). Any construction, repair, maintenance, etc. the Authority performs pursuant to this Agreement (the "Authority Work") shall either be performed by the Approved Contractor or must follow the requirements of this subsection. When any contractor other than the Approved Contractor performs Authority Work, the Authority shall notify the City at least twelve (12) days prior to commencing any non- emergency Authority Work and shall notify the City within twenty-four (24) hours of performing emergency Authority Work. Additionally, the Authority and its contractor shall allow the City and/or its representatives to monitor any and all Authority Work. Article VI — Termination 6.1 Material Breach. a. If either Party defaults in the performance of any material term of this Agreement, the non -breaching Party shall be entitled to give the other Party notice of such default. Upon receiving notice, the breaching Party shall cure such breach not later than fourteen (14) days thereafter. In the event such breach is not reasonably susceptible of cure within such time period, the breaching Party shall commence cure of such breach within fourteen (14) days, and diligently and continuously undertake to cure such breach. b. In the event that a material breach of this Agreement would result in either (i) an imminent risk to public safety or (ii) cause either Party to fail to meet the service level standards set forth in Article V, then the non -breaching Party may commence to cure such default itself. The non -breaching Party shall be authorized to recover the actual cost of curing the default, which shall be a debt of the breaching Party to the non - breaching Party payable within 30 days of the breaching Party's receipt of written notice of such costs. 4