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8.7 IRC Shall Retain Backup Contractors During the Term of this Agreement, IRC <br /> shall use reasonable efforts to obtain and retain one or more backup contractors to assist <br /> IRC in performing its obligations under the Provisions of this Article 8. IRC shall bear no <br /> liability for its failure to obtain and retain one or more backup contractors. <br /> ARTICLE 9 <br /> IRC's TELECOMMUNICATION INFRASTRUCTURE <br /> 9.1 Ownership. IRC has or has caused to be designed, constructed, installed, and <br /> tested, the Telecommunications Infrastructure consisting of Fiber Optic Cable and <br /> equipment. Parts of the Fiber Optic Cable are located underground IRC fiber conduits <br /> and other utility pipes owned, used or controlled by IRC. Other parts of the Fiber Optic <br /> Cable are located overhead on Poles. Legal title to IRC's Telecommunication <br /> Infrastructure shall be held by IRC. LICENSEE's right to use the Fiber subject to the <br /> conditions set forth in this Agreement is a right of use only and neither such use nor <br /> payment to IRC for such use shall create or vest in LICENSEE any easement, or any <br /> ownership right in IRC's Telecommunication Infrastructure. <br /> 9.2 IRC's Disclaimer Of Warranties. IRC MAKES NO REPRESENTATIONS, <br /> WARRANTIES, COVENANTS OR ASSURANCES: (1) WITH RESPECT TO THE <br /> DESIGN, CONSTRUCTION, DURABILITY OR SUITABILITY OF THE <br /> TELECOMMUNICATIONS INFRASTRUCTURE, OR ANY PART THEREOF, <br /> WHETHER EXPRESS OR IMPLIED, AND IRC SPECIFICALLY DISCLAIMS ANY <br /> IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF <br /> FITNESS FOR A PARTICULAR PURPOSE; (2) WITH RESPECT TO THE NATURE OR <br /> ACCURACY OF THE DESCRIPTION, LOCATION OR MEASUREMENT OF THE <br /> TELECOMMUNICATIONS INFRASTRUCTURE, OR ANY PART THEREOF, OR THE <br /> TELECOMMUNICATIONS PATHWAY, OR ANY PART THEREOF; (3) THAT IRC WILL <br /> INCREASE OR DECREASE THE QUANTITY OF DARK FIBER CONSTITUTING A <br /> PART OF THE TELECOMMUNICATIONS INFRASTRUCTURE AT ANY TIME DURING <br /> THE TERM HEREOF; (4) THAT IRC WILL OBTAIN THE LEGAL RIGHT TO LOCATE, <br /> MAINTAIN OR USE THE TELECOMMUNICATIONS INFRASTRUCTURE, OR ANY <br /> PART THEREOF, IN PUBLIC RIGHTS-OF-WAY BY MEANS OF A LICENSE <br /> AGREEMENT, AN EASEMENT AGREEMENT OR OTHER WRITTEN INSTRUMENT; <br /> OR (5) IRC WILL OBTAIN THE LEGAL RIGHT TO LOCATE, MAINTAIN OR USE THE <br /> TELECOMMUNICATIONS INFRASTRUCTURE, OR ANY PART THEREOF, IN THE <br /> RAILROAD RIGHT-OF-WAY, CURRENTLY OWNED BY THE FLORIDA EAST COAST <br /> RAILROAD, BY MEANS OF A LICENSE AGREEMENT, AN EASEMENT <br /> AGREEMENT, OR OTHER WRITTEN INSTRUMENT. <br /> 9.3 IRC's Warranties And Representations As To Fiber Specifications. IRC warrants <br /> and agrees that the Licensed Fibers shall be in conformity with and shall comply with all <br /> the requirements of this Agreement. IRC further warrants and agrees that the Licensed <br /> Fibers shall meet or exceed the specifications outlined in Exhibit B, Fiber Specifications <br /> and Connection Details. Except as provided above, IRC makes no warranty or guarantee <br /> as to the suitability of the Licensed Fibers for LICENSEE's particular use. <br /> 15 <br />