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ACCEPTANCE <br /> 11.1 Acceptance Of The Licensed Fibers. Upon completion of construction of Fiber <br /> Optic System and any LICENSEE Make Ready Work, IRC will Acceptance Test IRC <br /> Licensed Fibers to insure that the Licensed Fibers meet or exceed the specifications <br /> outlined in Exhibit B. In the event the Licensed Fibers meet such specifications, IRC shall <br /> notify LICENSEE in writing of the availability of the Licensed Fibers. Within five (5) <br /> Business Days of the Fiber Notice Date, LICENSEE shall give IRC written notice of any <br /> failure of the Licensed Fibers to satisfy Acceptance Test and meet specifications, or <br /> provide IRC with LICENSEE's Notice of Acceptance (substantially in the following form.- <br /> "LICENSEE <br /> orm:"LICENSEE has examined the Licensed Fibers and hereby accepts them.") <br /> 11.2 Corrections. If LICENSEE gives IRC written notice of such failure, IRC shall use <br /> its best commercial efforts to correct such failure, whereupon LICENSEE and IRC shall <br /> jointly conduct another Acceptance Test. This procedure shall be repeated until all <br /> Licensed Fibers meet or exceed the specifications in Exhibit "B". <br /> 11.3 Conditional Acceptance. In the event deficiencies continue to be identified after <br /> the third round of testing, LICENSEE may, at its option, conditionally accept the Licensed <br /> Fibers. IRC will correct any such deficiencies within sixty (60) Days of conditional <br /> acceptance. <br /> 11.4 Acceptance By Default. If LICENSEE does not give IRC written notice of such <br /> failure within five (5) Business Days of LICENSEE receiving the Fiber Notice, it shall be <br /> deemed that LICENSEE has accepted the Licensed Fibers. <br /> 11.5 Fiber Acceptance Date. The Day on which LICENSEE has accepted (including <br /> acceptance by default)the Licensed Fibers (in accordance with this Article 11) is the Fiber <br /> Acceptance Date. <br /> ARTICLE 12 <br /> UTILITIES AND OTHER SERVICES <br /> 12.1 LICENSEE Must Continue To Pay For Other Utilities And Services. LICENSEE <br /> covenants and agrees to pay, when due, all charges for other utilities and services used <br /> or enjoyed by LICENSEE or required for the use, enjoyment and occupancy of <br /> LICENSEE's Property and the Telecommunications Infrastructure, or any part thereof, <br /> including the Licensed Fibers, to the degree or extent such services are provided by and <br /> separately billed to LICENSEE by IRC. <br /> 12.2 LICENSEE Must Pay License Fees Even If There Is An Electrical Power Outage. <br /> IRC shall not be liable for any damages resulting from, and LICENSEE expressly waives <br /> any and all claims against IRC for compensation occasioned by, and the License Fees <br /> and other Charges shall not be abated by reason of, the failure of IRC to furnish, or delay <br /> in furnishing, any utility service which is necessary to the use, enjoyment or occupancy <br /> of LICENSEE's Property or the Telecommunications Infrastructure, or any part thereof, <br /> 19 <br />