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written notice to LICENSEE (even if IRC has already terminated this Agreement for cause or convenience) and IRC may disconnect the Dark Fiber licensed to LICENSEE under this Agreement as provided in Section 3.9, below; provided, however, if IRC becomes certified by the FPSC as a telecommunications company, this Agreement shall remain in full force and effect. 3.8 Even If IRC Has Already Terminated For Convenience -- Can Still Terminate For Cause. Nothing in this Agreement shall be deemed or construed to prohibit the exercise of IRC's right to terminate for cause hereof at any time after IRC's right to terminate for convenience hereof has been exercised but has not yet become effective. In the event of a conflict between the effective date of a notice of termination for cause and the effective date of a notice of termination for convenience, this Agreement shall terminate on the earlier of the Early Termination Date or the Day on which the notice of termination for convenience becomes effective. 3.9 IRC's Right To Disconnect. In the event that IRC or LICENSEE terminates this Agreement for convenience or for cause, as set forth above, upon termination of this Agreement IRC shall have the right after five (5) Days' prior notice to LICENSEE to disconnect LICENSEE from the Licensed Fibers. IRC shall not be liable to LICENSEE for any direct or consequential damages suffered by LICENSEE resulting from IRC's disconnection of the Licensed Fibers. LICENSEE shall remove all of its property, if any, from the Public Rights-of-Way within thirty (30) Days of IRC's notice of disconnection. If LICENSEE fails to remove its property within thirty (30) Days LICENSEE's Property shall be deemed abandoned and IRC shall remove LICENSEE's Property as set forth in Article 10 below. ARTICLE 4 LICENSED FIBERS LICENSEE shall have the license and privilege of using directly Two (2) Licensed Fibers. IRC may license additional Fibers to LICENSEE at some time in the future depending upon availability and at fees to be determined (depending upon configuration, route, and current market conditions). ARTICLE 5 LICENSE FEE 5.1 License Fee -- General. LICENSEE shall pay to IRC in United States dollars, monthly and in advance (as set forth in Section 5.2, below) a License Fee for the license and privilege of using, directly, Two (2) Licensed Fibers, and LICENSEE acknowledges and agrees that IRC shall be entitled to receive License Fees which are based, in part, on the recovery of the allocable direct and indirect costs of IRC to design, construct, install and maintain, and the right to earn a return on IRC's capital investment in, the Fiber and all items acquired by IRC to make the Telecommunications Infrastructure available for usage purposes. 9