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5.2 License Fee — Base Amount. Subject to the CPI Adjustment set forth in Section 5.5, below, the License Fee for the Dark Fiber licensed by LICENSEE, as shown on the Route Diagram in Exhibit "A", shall be $640.00 per month. After the first (1St) year of the Initial Term, the License Fee shall be adjusted annually as set forth in Section 5.5, below. LICENSEE shall pay the License Fee in monthly installments, in advance, on or before the last Day of the month preceding the month to which the License Fee installment applies (e.g., May's installment shall be due on or before April 30th). The first installment shall be due on the Fiber Acceptance Date. IRC shall notify LICENSEE of adjustments to the installment amount. Payments for partial months shall be prorated. Payments not made in full when due shall be deemed delinquent. The License Fee shall not be reduced due to a term's early termination, except as provided for in Article 3, above. 5.3 License Fee Must Be Paid Even If LICENSEE Disagrees With Calculation. If LICENSEE fails to pay the License Fee installment when due, IRC shall notify LICENSEE that LICENSEE has failed to pay the installment. If LICENSEE does not pay the past due installment within thirty (30) Days of the License Fee's due date as set forth in Section 5.2 above, IRC may immediately terminate this Agreement, disconnect affected fibers, and all amounts due for the remaining portion of the Term of this Agreement shall immediately become payable to IRC as fixed, agreed and liquidated damages, and not as a penalty or a forfeiture. 5.4 Administrative Charge For Late Payments. An administrative Charge of Fifty Dollars ($50.00) or such higher Charge as may be established by IRC by Law shall be due and payable by LICENSEE for the cost of processing and handling LICENSEE's failure to pay the License Fees in accordance with the Provisions of Section 5.2, above. 5.5 CPI Adjustment. The License Fee shall be subject to an annual adjustment in accordance with the percentage change in the index known at the time this Agreement is executed as The Consumer Price Index for All Urban Consumers for the United States (hereinafter the "Index"), published by the United States Department of Labor, Bureau of Labor Statistics, which is published most immediately preceding the date on which the Extension Term commences. This adjustment shall be referred to as the "CPI Adjustment." If the Index is discontinued or revised during the Term of this Agreement, such other United States government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index has not been discontinued or revised. The CPI Adjustment shall not exceed five percent (5%). In no event shall the License Fee be less than the License Fee for the previous year. 5.6 Taxes, Franchise Fees. LICENSEE will pay, when they become due, any and all Taxes - if applicable, assessments, and governmental Charges of any kind whatsoever lawfully levied or assessed and attributable to LICENSEE's use of the Telecommunications Infrastructure or any portion of them. In addition, LICENSEE shall pay, or as appropriate, reimburse IRC, without apportionment, any ad valorem Taxes, fees, assessments or other Charges which are assessed against IRC that arise from LICENSEE's use of the Telecommunications Infrastructure or any portion of it. 10