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Schedule 1 <br />Page 15 <br />in which Licensee intends to light and use Licensed Fiber, (3) the Access Points Licensee <br />desires to use (if any) to access and splice the Licensed Fiber and (4) all personnel or <br />contractors that Licensee proposes to use to perform any work activity involving the Licensed <br />Fiber, including but not limited to construction and installation of fiber drops or laterals for <br />interconnection of the Licensed Fiber to ancillary Access Points or to lasers, electronics or <br />other equipment, facilities or networks for purposes of lighting and using the Licensed Fiber, <br />and (5) Licensee’s plans for interconnecting with and using the Licensed Fiber, including <br />relevant technical and functional network specifications and design criteria for Licensee’s <br />systems that may facilitate consultation and cooperation of Licensee and ExteNet in the <br />interest of efficient and effective implementation of Licensee’s plans in accordance herewith. <br />(iii) Within ten (10) days following receipt of such initial notice, ExteNet shall provide <br />Licensee with a color-coded diagram designating the specific optical fiber strands within the <br />designated Fiber Segments that have been designated as the Licensed Fiber for all purposes <br />hereunder. <br />(iv) ExteNet shall have the right to determine in advance whether Licensee’s personnel <br />and/or proposed contractors are qualified to perform such work activities and may disapprove <br />any proposed personnel or contractor in its sole reasonable discretion. ExteNet shall identify <br />the reasons for such disapproval in writing and Licensee may propose alternate personnel or <br />contractors. ExteNet shall provide Licensee with a list of acceptable contractors to perform <br />such work activities upon request by Licensee. <br />(v) Licensee is solely responsible for obtaining all public, private or government approvals, <br />authorizations, permits, certifications, easements, rights of way and attachment rights beyond <br />those required for installation and maintenance of the ExteNet Cable, if any, that are <br />necessary in order for Licensee to light and transmit or receive signals using the Licensed <br />Fiber, and shall provide documentary evidence thereof as and when reasonably requested by <br />ExteNet. <br />(vi) At Licensee’s request or in the event that ExteNet refuses to approve Licensee’s selected <br />contractor as an Authorized Contractor, ExteNet will either propose or exert commercially <br />reasonable efforts to cause one of its Authorized Contractors to propose to perform the work <br />necessary for Licensee’s proposed interconnection of equipment and other network facilities <br />with the Licensed Fiber on a time and materials basis at then prevailing commercially <br />reasonable rates for work of substantially similar complexity and difficulty in the relevant <br />market. <br />2.4 Limitations and Requirements for Use of Licensed Fiber Strand <br />(i) ExteNet and Licensee agree and acknowledge that Licensee may use the Licensed Fiber <br />in the ExteNet Cable for any lawful purpose for which the fiber strand is technically suited, <br />provided that Licensee shall use the Licensed Fiber solely for public purposes, shall not use <br />it for the provision of any telecommunications services in competition with the business of <br />ExteNet or for the benefit of any competitor of ExteNet, and shall not permit any third party <br />to use or operate the Licensed Fiber except at the direction of Licensee in furtherance of <br />public purposes. <br />