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9.4 IRC May Modify Or Relocate Telecommunications Infrastructure. IRC, at its sole <br /> cost and expense, may, upon thirty (30) Days notice to LICENSEE or, in the event of an <br /> emergency, upon reasonable verbal notice, confirmed by IRC in writing to LICENSEE via <br /> facsimile transmission or hand delivery.- <br /> 9.4.1 <br /> elivery:9.4.1 Relocate IRC's Telecommunications Infrastructure. Relocate or <br /> cause to be relocated, permanently or temporarily, the Telecommunications <br /> Infrastructure, or any part thereof, to one or more alternate locations within <br /> the Public Rights-of-Way, Public Easements, and Licensed Service <br /> Properties, and within the time required by IRC's permitting regulations after <br /> the receipt of such notice, LICENSEE shall take all reasonably necessary <br /> action to fully cooperate with IRC to effect any such relocation as provided <br /> herein; <br /> 9.4.2 Remove Or Add Dark Fiber. Remove or add Dark Fiber that are or <br /> will be made a part of the Telecommunications Infrastructure; <br /> 9.4.3 Construct And Install Upgraded And New Telecommunications <br /> Infrastructure. Construct and install or cause to be constructed and installed <br /> upgraded and new Telecommunications Infrastructure, including, but not <br /> limited to, IRC conduits and Fiber Optic Cable, regardless of whether such <br /> facilities are desirable or made necessary to interconnect the Parties' <br /> facilities or to provide the route configurations desired by LICENSEE, <br /> provided, however, that IRC shall use reasonable efforts to ensure any such <br /> upgraded or new facilities and the construction or installation thereof does <br /> not directly and substantially interfere with LICENSEE's prior use of the <br /> Licensed Fibers; and <br /> 9.4.4 Take Other Actions. Engage in any other lawful action with respect <br /> to the Telecommunications Infrastructure, or any part thereof, and any other <br /> IRC facility which may affect the design, construction, installation, operation <br /> or management of the Telecommunications Infrastructure, or any part <br /> thereof, or any IRC utility, provided, however, that IRC shall use reasonable <br /> efforts to ensure no such action shall directly and substantially interfere with <br /> LICENSEE's use of the Licensed Fibers. <br /> 95 LICENSEE Prohibited From Accessing Telecommunications Infrastructure and <br /> Transmission Pathway. LICENSEE is prohibited from accessing, directly or indirectly, the <br /> Telecommunications Infrastructure, or any part thereof, the Transmission Pathway, or <br /> any part thereof, or any IRC facility. Any unauthorized access by LICENSEE to or use of <br /> the Telecommunications Infrastructure, or any part thereof, the Transmission Pathway, <br /> or any part thereof, or any IRC facility shall constitute a material breach of this Agreement <br /> and a default by LICENSEE, and, notwithstanding any other Provision hereof, IRC may <br /> terminate for cause this Agreement upon the delivery of written notice of termination to <br /> 16 <br />