NECOM's Obligations. NECOM, at its sole cost and expense, shall design, in cooperation with NU, all electronic and optronic equipment and provide detailed specifications, construction working prints and other necessary data for NUNet and NEON including, without limitation, the Cable and repeaters, patch panels, terminations, terminals, splice cases and closures, alarm monitoring equipment and all Equipment and all other necessary and related articles of property which, together with the articles of property to be designed by NU pursuant to Section 6.1 are required to provide fiber optic transmission capacity throughout the Route Segments. All Equipment and other equipment utilized solely in connection with NUNet shall be paid for solely by NU.
NECOM's Obligations. Provided that NECOM has been given the permission referred to below in this Section 10, NECOM shall maintain and repair the Cable, including emergency repairs and splices, pursuant to the terms and conditions outlined in Exhibit 10.1 - Maintenance Specifications. In the event NECOM fails to perform any necessary splicing or maintenance in accordance with the procedures and time frames set forth therein, NU shall have the right, but not the obligation, to undertake such splicing or maintenance of the Cable, at NECOM's sole cost and expense, as provided for in Exhibit 10.1. In no event shall NECOM be permitted access to NU's property without NU's prior permission unless NECOM is acting pursuant to Section 39.2. NU reserves the right, but not the obligation, to perform such maintenance with its own crews or contractor when required by the need to insure the safe and reliable operation of its electric system. The provisions of the last two sentences of Section 7.3 shall apply to any work done under this Section 10.1. NECOM shall be solely responsible for all aspects of the operation of NEON and the operation and maintenance of Equipment thereon. NECOM shall perform routine inspections of the Cable including, without limitation, once a year ride-outs of Route Segments, in accordance with its standard maintenance procedures and with NU's approval. NECOM shall provide notice to NU at least 10 working days in advance of any maintenance upon any Route Segment upon which any repair is to be conducted as a result of such maintenance procedures in accordance with Section 37. NU shall have 10 working days to confirm the availability of any Route Segment for maintenance.
NECOM's Obligations. The making of Periodic Inspections or the failure to do so shall not impose upon NU any liability of any kind whatsoever nor relieve NECOM of any responsibility, obligations or liability assumed under this Agreement.
NECOM's Obligations. During the term of this Agreement, NECOM at its sole cost and expense shall obtain and maintain any and all necessary permits, licenses, franchises and approvals that may be required by federal, state or local law, regulation or ordinance, and shall continuously comply with all such laws, regulations or ordinances as may now or in the future be applicable to NECOM's use and operation of the Cable. If NECOM or any permitted assignee shall at any time fail to maintain such approvals, NU may terminate this Agreement without any liability or obligation to NECOM pursuant to Section 21.3(iv).
