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Schedule 1 <br />Page 17 <br />(i) ExteNet shall maintain all facilities interconnected with or comprising a part of the <br />ExteNet Cable that are owned by ExteNet, including the Licensed Fiber, provided that <br />ExteNet’s obligation to maintain such facilities shall not in any way extend beyond the term <br />of the MLA and provided further that such obligation shall cease earlier as to any Fiber <br />Segment with respect to which ExteNet and its successors in interests either: (1) loses the <br />necessary attachment and access rights to enable such maintenance; or (2) permanently <br />ceases to use such Fiber Segment (other than the Licensed Fiber) for the provision of services <br />to their customers, provided that before removing any such Fiber Segment ExteNet gives <br />Licensee prior written notice and an opportunity to assume responsibility for maintaining <br />and operating such Fiber Segment. <br />(ii) Licensee shall have sole responsibility for maintaining all of its equipment, electronics, <br />lasers, fiber and other facilities interconnected to the Licensed Fiber. Licensee shall maintain <br />its equipment, electronics, lasers and interconnecting fibers and facilities in good repair and <br />in a manner that will not interfere with, or degrade the quality or reach of any signal, <br />transmission or telecommunications carried on the ExteNet Cable. If Licensee’s equipment <br />or facilities should cause any type of interference with, or degradation of, any signal, <br />transmission or telecommunications on the ExteNet Cable, ExteNet shall contact the <br />appropriate person(s) at Licensee and Licensee agrees to correct the condition. Such <br />correction shall be made within twenty four (24) hours, as Licensee’s schedules and resource <br />availability permits, for any problem causing interference or disruption of any signal, <br />transmission or telecommunications on the ExteNet Cable. Such correction shall be made <br />within forty eight (48) hours, as Licensee’s schedules and resource availability permits, for <br />any problem causing a degradation, but not disruption, of any signal, transmission or <br />telecommunications on the ExteNet Cable. If Licensee fails to take such corrective action, <br />ExteNet may in its sole discretion correct said condition at Licensee’s expense. ExteNet shall <br />notify Licensee in writing prior to performing such work whenever practicable. When <br />ExteNet reasonably believes, however, that such conditions pose an immediate threat to <br />public safety or interfere with the performance of ExteNet’s service obligations to its <br />customers, or pose an immediate threat to the physical integrity of the ExteNet Cable or other <br />facilities, ExteNet may perform such work and/or take such action, including temporary <br />disconnection of Licensee’s equipment and facilities from the ExteNet Cable, that it <br />reasonably deems necessary without first giving written notice to Licensee. Licensee shall <br />be responsible for paying ExteNet for all reasonable costs incurred by ExteNet in taking such <br />corrective actions if ExteNet shows that the problem was in fact caused by Licensee’s <br />equipment or facilities. In the latter case, ExteNet shall bear the cost of any reconnection or <br />restoration of Licensee’s equipment or facilities that is made necessary as a result of <br />ExteNet’s mistaken actions. <br />4. Liability and Damages <br />(i) Only as arising under this Agreement and not in its capacity as a municipality or otherwise, <br />Licensee, its personnel, agents and contractors shall exercise reasonable caution to avoid <br />damaging the facilities of ExteNet and shall make an immediate report to ExteNet of the <br />occurrence of any such damage caused by its personnel, agents or contractors. Licensee <br />agrees to reimburse ExteNet for all reasonable costs incurred by ExteNet for repair of such <br />facilities damaged by Licensee, its personnel, agents and contractors.