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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />Upon completion of construction of the newly -installed replacement fiber optic strands, if <br />any, and any LICENSEE Make -Ready Work, LICENSOR shall test the Licensor Fiber Optic <br />Strands to insure that the new fiber optic strands meet or exceed the Licensor Fiber Optic Strand <br />specifications outlined in Exhibit B. In the event the new fiber optic strands meet such <br />specifications, LICENSOR shall notify LICENSEE in writing of the availability of the fiber optic <br />strands (the "Fiber Notice"). Within five (5) Business Days of LICENSEE receiving the Fiber <br />Notice, LICENSEE shall give LICENSOR notice of any failure of the fiber optic strands to satisfy <br />any acceptance test, or to otherwise meet specifications. <br />7.2 Corrections. <br />If LICENSEE gives LICENSOR notice of any failure as described in Section 7.1, <br />LICENSOR shall use its commercially reasonable efforts to correct such failure within five <br />Business Days or such longer time as may be mutually agreed upon by the Parties whereupon <br />LICENSEE and LICENSOR shall jointly conduct another acceptance test. This procedure shall <br />be repeated until all new fiber optic strands are in substantial compliance with the performance <br />standards and criteria set forth in Exhibit B. <br />7.3 Conditional Acceptance. <br />In the event a failure continues to be identified after the third round of testing pursuant to <br />Section 7.2, LICENSEE may, at its option, conditionally accept the new fiber optic strands. <br />LICENSOR shall have an obligation nonetheless to correct any such deficiencies within sixty <br />(60)days of conditional acceptance. <br />7.4 Acceptance by Default. <br />If LICENSEE does not give LICENSOR notice of any such failure within five Business <br />Days of LICENSEE receiving the Fiber Notice, it shall be deemed that LICENSEE has accepted <br />the new fiber optic strands and they shall constitute Licensor Fiber Optic Strands. <br />7.5 Fiber Acceptance Date. <br />The date on which LICENSEE has accepted or conditionally accepted the new fiber optic <br />strands will be considered the Fiber Acceptance Date. <br />ARTICLE VIII <br />LICENSOR'S OBLIGATION TO MAINTAIN <br />AND RESTORE FIBER OPTIC CABLE <br />8.1 Requests of LICENSOR or Third Party. <br />If relocation of any Licensor Facilities, including any Licensor Fiber Optic Strands licensed <br />to LICENSEE hereunder, is required by LICENSOR or by a third party (e.g., the Department of <br />Transportation) the relocation expenses of the LICENSOR Fiber Optic Strands (including <br />engineering, materials, construction, and Make -Ready Work) shall be borne by LICENSOR except <br />to the extent that LICENSOR may obtain reimbursement from a third party. <br />-6- <br />116402757.1 <br />