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Schedule 1 <br />Page 12 <br />Agreement Terms and Conditions <br />NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, <br />ExteNet and Licensee, for valuable consideration, the sufficiency of which is hereby acknowledged, <br />hereby agree as follows: <br />1. Definitions <br />For the purpose of this Agreement, the following terms when used herein shall have the <br />following meanings: <br />(i) “Access Point” means a Manhole, Vault, Handhole, Junction Box or Pedestal through <br />which the ExteNet Cable may be accessed for the purposes of splicing fibers to interconnect <br />to other networks or facilities. <br />(ii) “Authorized Contractors” means third party contractors (whether independent or <br />affiliated with ExteNet) that have been approved and authorized by ExteNet to utilize Access <br />Points and to make splices or perform other work on the ExteNet Cable as provided for in <br />this Agreement. <br />(iii) “City Conduit” means any conduit owned by Licensee and made available to ExteNet to <br />construct the Network. City Conduit is shown in Exhibit 2. <br />(iv) “Dark Fiber” means an unlit optical fiber strand in a Fiber Segment that is separate from <br />and has not yet been connected to any of the equipment, electronics, lasers or additional Fiber <br />Segments necessary to transmit optical signals via the fiber strand or to corresponding fiber <br />strands in other adjacent Fiber Segments. <br />(v) “ExteNet Cable” means the several Fiber Segments, whether aerial or undergrounded, <br />comprising the optical fiber components of the Network as deployed and depicted in the Fiber <br />Route Map as the Fiber Route Map may be changed by Licensee from time to time. <br />(vi) “Fiber Route Map” means the map of the composite routes of the various Fiber Segments <br />comprising the fiber cabling to be installed as part of the Network, as depicted on the map <br />attached as Exhibit 1 as the same may be modified during or after construction of the <br />Network. Exhibit 1 shall be replaced with the “As-Built” Fiber Route Map following <br />completion of the Network and thereafter shall be updated from time to time as necessary to <br />reflect modifications to the Fiber Segments or additional Fiber Segments comprising the <br />ExteNet Cable made in accordance with the provisions of this Agreement. <br />(vii) “Fiber Segment” means a continuous run of multi-strand fiber optic cable covering a <br />portion of the fiber cable route shown on the Fiber Route Map.