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Exhibit "D" - Sample Notice of Acceptance <br /> Exhibit "E" - Sample Notice of Termination Without Cause <br /> Exhibit "F" - Sample Notice of Termination With Cause <br /> Exhibit "G" - Sample LICENSEE's Notice of Termination Without Cause <br /> Exhibit "H" - Sample Notice of Disconnection <br /> ARTICLE 2 <br /> DEFINITIONS OF SPECIAL TERMS <br /> Definitions. When used herein with initial or complete capitalization whether in the <br /> singular or in the plural, the following terms shall have the following meanings: <br /> "Agreement" means this License Agreement between IRC and LICENSEE <br /> for the use of Dark Fiber. <br /> "Business Day" means any Day, except a Saturday, Sunday and any Day <br /> observed as a legal holiday by IRC. <br /> "Charge" means any assessment or fee other than the License Fee and a <br /> Tax. <br /> "IRC" means the government of INDIAN RIVER COUNTY, Vero Beach, <br /> Florida, whose mailing address is 1801 27TH Street, Vero Beach, Florida <br /> 32960. <br /> "Commencement Date" means the date on which this Agreement is <br /> approved by the IRC Board of County Commissioners, the date on which <br /> dark fibers are made available to LICENSEE. <br /> "CPI Adjustment" refers to the annual increase in the License Fee that <br /> may occur at the start of each and every year following the first (1St) year of <br /> the Agreement. The first yearly CPI Adjustment shall occur January 1 st after <br /> a full year of the Initial Term has elapsed. The "CPI Adjustment" shall be <br /> determined in accordance with the percentage change in index known at <br /> the time this Agreement is executed as the "United States Bureau of Labor <br /> Statistics Consumer Price Index (CPI) For All Urban Consumers" using the <br /> most recent October to October Reports by applying the following formula: <br /> (Current monthly License Fee) x (percentage increase as reported in the <br /> most recent CPI or if the CPI no longer is published, then as reported in its <br /> successor index) = the CPI Adjustment amount. <br /> "Dark Fiber" means a Fiber without the equipment necessary to transmit <br /> signal communications. <br /> "Day" means any calendar Day, unless a Business Day is specified. <br /> 2 <br />