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Schedule 1 <br />Page 16 <br />(ii) If ExteNet determines for any reason that it is necessary to relocate, modify, underground <br />or otherwise alter (“Relocation or Modification”) all or any portion of the ExteNet Cable, <br />including the Licensed Fiber (whether such Licensed Fiber is then lit and/or in use by <br />Licensee), ExteNet shall provide Licensee written notification prior to making the proposed <br />relocation, modification or alteration. Such notice shall be given at least sixty (60) days in <br />advance except in circumstances in which ExteNet is legally obligated to take action more <br />promptly and the prior notification requirement of this section shall not apply to emergency <br />situations, in which case ExteNet will give notice as quickly as is reasonably practicable. <br />Licensee shall have no responsibility for costs and expenses relating to any such Relocation <br />or Modification of the ExteNet Cable. If and to the extent that such Relocation or <br />Modification is required by reason of events or circumstances beyond ExteNet’s reasonable <br />control, Licensee shall have sole responsibility for costs and expenses relating to any <br />necessary rearrangement, relocation, modification or alteration of any of Licensee’s fiber <br />drops or laterals or other equipment, electronics or lasers installed to light the Licensed Fiber, <br />or other facilities Licensee has interconnected to the Licensed Fiber (“Licensee Facilities <br />Relocation or Modification”) that may result therefrom. However, if and to the extent that <br />such Relocation or Modification is made at ExteNet’s discretion or for ExteNet’ benefit, <br />ExteNet shall bear the reasonable cost of the Licensee Facilities Relocation or Modification <br />resulting therefrom. To the extent reasonably possible, the Relocation or Modification shall <br />not interfere with Licensee’s ability to utilize Licensee’s facilities that depend on the <br />Licensed Fiber. <br />(iii) Any equipment, electronics, lasers, or interconnecting fiber or other network facilities <br />provided by Licensee shall be installed and maintained in accordance with the requirements <br />and specifications of the then current editions of the National Electrical Code (NEC), and the <br />National Electrical Safety Code (NESC), each of which are incorporated by reference in this <br />Agreement. Further, Licensee and its consultants and contractors shall at all times comply <br />with the applicable rules and regulations of the Occupational Safety and Health Act of 1970 <br />(OSHA), with all applicable state and federal statutes and laws, and with all applicable <br />regulations, rules and orders issued by any state or federal agency having jurisdiction thereof, <br />including without limitation the Federal Communications Commission and the California <br />Public Utilities Commission <br />(iv) ExteNet reserves the right to make periodic inspections at any time of any part of <br />Licensee’s equipment, electronics, lasers, or facilities (including interconnected fiber or <br />copper cable) utilized by Licensee in conjunction with the Licensed Fiber for purposes of <br />assuring compliance with the terms and conditions hereof and with applicable laws, rules and <br />regulations as reasonably necessary to prevent or detect interference with or damage to the <br />Network or breaches of Licensee’s obligations hereunder. Except in the case of an <br />emergency, ExteNet shall give Licensee 48 hours’ notice before carrying out such inspections <br />and Licensee shall be permitted, but not required, to have a representative present for such <br />inspections. Such inspections shall be conducted at ExteNet’s expense. Licensee agrees that <br />such periodic inspections by ExteNet, or the failure to do so, shall not relieve Licensee of <br />any responsibility, obligation or liability whether assumed under this Agreement or <br />otherwise existing. <br />3. Maintenance