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Schedule 1 <br />Page 14 <br />2.2 Scope of Grant <br />(i) ExteNet shall provide Licensee with access to the Licensed Fiber. To the extent that <br />ExteNet has authority to use and authorize third party use of Access Points, it will grant <br />permission to Authorized Contractors to use such Access Points for splicing the Licensed <br />Fiber for the purpose of interconnection to other compatible equipment or facilities as <br />directed by Licensee and at Licensee’s sole cost. ExteNet shall have no obligation <br />whatsoever to install any additional fiber optic cable or to allocate any additional strands of <br />the ExteNet Cable to meet the needs of Licensee. <br />(ii) Licensee shall undertake to obtain and provide all approvals, authorizations, coordination <br />and supervision that is necessary in connection with its use of the Licensed Fiber. Without <br />limiting the foregoing, Licensee shall have the sole responsibility for performing all activities <br />and paying all costs necessary to make the Licensed Fiber operational, including but not <br />limited to: (i) splicing the Licensed Fiber to achieve interconnection between or within the <br />applicable Fiber Segments and between the Licensed Fiber and fiber optic cable belonging <br />to others, and (ii) providing, attaching and interconnecting equipment, electronics and lasers <br />as required to transmit or receive optical signals via the Licensed Fiber. Licensee shall further <br />have the sole responsibility for paying all costs and for constructing or otherwise providing <br />facilities needed to connect the Licensed Fiber to any other network or facilities via <br />appropriate Access Points, and for performing all necessary fiber splices for interconnection <br />of the Licensed Fiber to other network facilities. Except as otherwise approved by ExteNet <br />(such approval not to be unreasonably withheld) all such splices and other uses of Access <br />Points shall be carried out only by Authorized Contractors and, to the extent practicable, only <br />during regularly scheduled maintenance windows or at other times that are reasonably <br />convenient for ExteNet. <br />(iii) ExteNet and Licensee agree and acknowledge that Licensee’s use and operation of the <br />Licensed Fiber does not and will not create or convey to Licensee any ownership or property <br />rights of any nature in the Licensed Fiber or any portion of the ExteNet Cable or of any <br />Access Points or of the Network, unless this agreement or the MLA is terminated or expired <br />pursuant to the terms of the MLA. Licensee may not encumber, offer as collateral, or allow <br />any third party claims of any type on or against the Licensed Fiber. <br />. <br />2.3 Designation of Licensed Fiber Strand <br />(i) At the time that ExteNet applies for an Encroachment Permit from Licensee to construct <br />any portion or the entire Network, as depicted in the Fiber Route Map, ExteNet shall also <br />submit this Agreement for execution by the Parties. <br />(ii) At any time following completion of the Network construction and installation, Licensee <br />may notify ExteNet of its desire to access the Licensed Fiber reserved for its use by ExteNet. <br />Such notice shall be provided in writing no fewer than sixty (60) days prior to the date on <br />which Licensee desires to access the Licensed Fiber for purposes of interconnection. <br />Licensee’s notice shall identify all of the following: (1) Licensee’s planned use for the <br />Licensed Fiber, (2) the specific portions of the Licensed Fiber route (i.e., the Fiber Segments)