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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />LICENSEE may terminate this License Agreement as follows: <br />15.2.1 Upon 60 days' Notice. <br />LICENSEE may terminate this License Agreement at any time after the initial five-year <br />term, as described in Article III, with or without cause, upon providing LICENSOR with not less <br />than sixty (60) days' notice. After five (5) days' prior notice to LICENSEE and upon the sixtieth <br />(60th) day after notice of termination is given by LICENSEE under this Section, LICENSOR, at <br />the sole discretion of LICENSOR, may disconnect the Licensor Fiber Optic Strands licensed to <br />LICENSEE under this License Agreement without recourse to LICENSOR by LICENSEE and <br />LICENSOR shall not be held liable by LICENSEE or LICENSEE's sub -licensees, if any, as a <br />result of such disconnection. <br />15.2.2 If LICENSEE as Telecommunications Company. <br />By entering into this License Agreement, LICENSEE does not intend to, and shall not, be <br />classified as a telecommunications company, telecommunications carrier, telecommunications <br />service or any other telecommunications entity, or come under the jurisdiction or existing or future <br />regulation of any state or Federal regulatory agency as a telecommunications company, including, <br />without limitation, the Federal Communications Commission or the Florida Public Service <br />Commission. If, however, a proceeding is commenced in which it is sought to classify LICENSEE <br />as a telecommunications company, LICENSOR and LICENSEE shall cooperate with each other <br />to determine whether and to what extent this License Agreement can be amended to remove that <br />classification. If this License Agreement cannot be so amended or if there is no agreement as to <br />such amendment, then LICENSEE may terminate this License Agreement immediately upon <br />agency or court order approving such termination, or, at the sole discretion of LICENSEE, after <br />five (5) days' prior notice to LICENSOR. if the proceeding described in this Section has been <br />pending for not less than sixty 60) days. Upon such termination, LICENSOR may disconnect the <br />Licensor Fiber Optic Strands licensed to LICENSEE under this License Agreement as provided in <br />Section 15.2.1 above. <br />15.3 By LICENSOR. <br />LICENSOR may terminate this License Agreement as follows: <br />15.3.1 Default of LICENSEE. <br />Upon a default by LICENSEE under this Agreement including, without limitation, a <br />payment default, LICENSOR shall be entitled to terminate this Agreement, by giving notice of <br />termination to LICENSEE, if LICENSOR has previously given LICENSEE notice of such default <br />and LICENSEE has not cured such default within thirty (3 0) days after notice of such default was <br />given. <br />If LICENSOR terminates this License Agreement under this Section 15.3.1, LICENSOR <br />shall have the right to disconnect the Licensor Fiber Optic Strands licensed to LICENSEE under <br />this License Agreement without recourse to LICENSOR by LICENSEE. Furthermore <br />LICENSOR shall not be liable to LICENSEE or LICENSEE's sub -licensees as a result of such <br />disconnection. <br />-12- <br />116402757.1 <br />