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(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 <br />Licensed Fiber for the purpose of interconnection to other compatible equipment or <br />facilities as directed by Licensee and at Licensee's sole cost. ExteNet shall have no <br />obligation whatsoever to install any additional fiber optic cable or to allocate any <br />additional strands of the ExteNet Cable to meet the needs of Licensee. <br />(ii) Licensee shall undertake to obtain and provide all approvals, authorizations, <br />coordination and supervision that is necessary in connection with its use of the Licensed <br />Fiber. Without limiting the foregoing, Licensee shall have the sole responsibility for <br />performing all activities and paying all costs necessary to make the Licensed Fiber <br />operational, including but not limited to: (i) splicing the Licensed Fiber to achieve <br />interconnection between or within the applicable Fiber Segments and between the <br />Licensed Fiber and fiber optic cable belonging to others, and (ii) providing, attaching <br />and interconnecting equipment, electronics and lasers as required to transmit or receive <br />optical signals via the Licensed Fiber. Licensee shall further have the sole responsibility <br />for paying all costs and for constructing or otherwise providing facilities needed to <br />connect the Licensed Fiber to any other network or facilities via appropriate Access <br />Points, and for performing all necessary fiber splices for interconnection of the Licensed <br />Fiber to other network facilities. Except as otherwise approved by ExteNet (such <br />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, <br />only during regularly scheduled maintenance windows or at other times that are <br />reasonably convenient for ExteNet. <br />(iii) ExteNet and Licensee agree and acknowledge that Licensee's use and operation of <br />the Licensed Fiber does not and will not create or convey to Licensee any ownership or <br />property rights of any nature in the Licensed Fiber or any portion of the ExteNet Cable <br />or of any Access Points or of the Network, unless this agreement or the MLA is <br />terminated or expired pursuant to the terms of the MLA. Licensee may not encumber, <br />offer as collateral, or allow any third party claims of any type on or against the Licensed <br />Fiber. <br />2.3 Designation of Licensed Fiber Strand <br />(i) At the time that ExteNet applies for an Encroachment Permit from Licensee to <br />construct any portion or the entire Network, as depicted in the Fiber Route Map, <br />ExteNet shall also submit this Agreement for execution by the Parties. <br />(ii) At any time following completion of the Network construction and installation, <br />Licensee may notify ExteNet of its desire to access the Licensed Fiber reserved for its <br />use by ExteNet. Such notice shall be provided in writing no fewer than sixty (60) days <br />prior to the date on which Licensee desires to access the Licensed Fiber for purposes of <br />interconnection. Licensee's notice shall identify all of the following: (1) Licensee's <br />planned use for the Licensed Fiber, (2) the specific portions of the Licensed Fiber route <br />(i.e., the Fiber Segments) in which Licensee intends to light and use Licensed Fiber, (3) <br />Exhibit C — Dark Fiber License Agreement <br />Page 4 <br />