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