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"Sole Discretion" means, whenever a Provision rests in the "Sole <br /> Discretion" of an individual representing a Party to this Agreement, then that <br /> individual must base a decision upon factors as is deemed appropriate by <br /> that individual, and that individual shall not be required to state any reason <br /> for the decision. The other Party affected by the decision may not compel a <br /> contrary or different decision on any such matter, and notwithstanding any <br /> other Provision hereof, the individual exercising the "Sole Discretion" shall <br /> not be liable to the other Party for any effect of the decision. <br /> "Splice" means a point where two separate sections of Fiber Optic Cable <br /> are physically connected. <br /> "Tax" means any assessment, Charge, imposition, license, franchise fee or <br /> levy (including any utility users tax, telephone tax, or telecommunications <br /> tax) in effect either at the Commencement Date or during the Term hereof <br /> and imposed by any Agency, including IRC. <br /> "Telecommunications Carrier" means a Person who is lawfully authorized <br /> to provide telecommunications services. <br /> "Telecommunications Infrastructure" means the Poles, boxes, <br /> handholds, manholes, vaults, conduits, innerducts, surface location <br /> markers, cables (including coaxial cables, Drop Cables, Fiber Optic Cable <br /> and messenger cables), wires (including copper wire), circuits, conductors, <br /> Splice enclosures, patch panels, cabinets, converters, generators, <br /> amplifiers, receivers, switches, wireless transmitters and receivers, and all <br /> other equipment or facilities containing the Dark Fiber or to which the Dark <br /> Fiber is attached, owned, controlled or used by IRC, in existence either at <br /> the Commencement Date or during the Term hereof and located overhead <br /> or underground within the Public Rights-of-Way, the Public Easements and <br /> Licensed Service Properties. <br /> "Term" means the Initial Term or the Extension Term, or both, whichever <br /> may be applicable. <br /> "Transmission Pathway" means those areas of the Public Rights-of-Way, <br /> the Public Easements and the Licensed Service Properties in which the <br /> Telecommunications Infrastructure is located. <br /> ARTICLE 3 <br /> TERM AND TERMINATION <br /> 7 <br />