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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />8.2 Requests of LICENSEE. <br />If relocation of any Licensor Facilities, including any Licensor Fiber Optic Strands licensed <br />to LICENSEE hereunder, is required by LICENSEE and is not caused by a third party or <br />LICENSOR, LICENSEE shall pay or reimburse LICENSOR for the total cost of such relocation, <br />including engineering, material, construction and Make -Ready Work. <br />83 Avoidance of Interni tip ons. <br />During any relocation of the Licensor Facilities, LICENSOR and LICENSEE shall use <br />good faith efforts to avoid interruption of or interference with the use by the other Party of such <br />Licensor Facilities for the purposes herein described. <br />_8.4 Duty to Maintain. <br />LICENSOR shall be responsible for the maintenance and restoration of the Licensor Fiber <br />Optic Strands. <br />8.5 Maintenance of LICENSOR Fiber Optic Strands. <br />Maintenance and restoration provided by LICENSOR shall be limited to the Licensor Fiber <br />Optic Strands. LICENSOR shall have no obligation to perform maintenance or restoration on any <br />electronics or other equipment not owned by the Consortium or one or more members thereof. <br />ARTICLE IX <br />COVENANTS <br />9.1 LICENSOR Covenants. <br />9. 1.1 Notice of Unscheduled Outage. <br />In the event of any unscheduled outage, LICENSEE shall notify LICENSOR promptly and <br />LICENSOR shall as soon as reasonably practicable perform an assessment of the outage. Upon <br />completion of such assessment, LICENSOR shall notify LICENSEE, as soon as reasonably <br />practicable and in the manner set forth in Exhibit C. of the results of such assessment and include <br />in its notification to LICENSEE the nature and cause of the interruption, the extent of the repairs <br />required, and the estimated time to restore, if known. <br />9.1.3 LICENSOR Restoration of Fiber. <br />LICENSOR shall use its commercially reasonable efforts to restore the provision of the <br />Licensor Fiber Optic Strands and to restore the route segment and any splicing of the Licensor <br />Fiber Optic Strands in a systematic and rotational manner, with the Licensor Fiber Optic Strands <br />licensed to LICENSEE having equal priority to other fibers within the cable, to the extent permitted <br />by the Interlocal Agreement and applicable law. LICENSOR further agrees that it shall use <br />commercially reasonable efforts to dispatch repair technicians to the affected site after <br />LICENSEE's notification of outage to LICENSOR and to use its reasonable efforts to keep the <br />outage to less than four (4) hours from the time notification of the outage was received by <br />-7- <br />116402757.1 <br />