Agmt 2019 MLA for Small Cell Pole Attachment

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(ii) If ExteNet determines for any reason that it is necessary to relocate, modify, underground or otherwise alter ("Relocation or Modification") all or any portion of the ExteNet Cable, including the Licensed Fiber (whether such Licensed Fiber is then lit and/or in use by Licensee), ExteNet shall provide Licensee written notification prior to making the proposed relocation, modification or alteration. Such notice shall be given at least sixty (60) days in advance except in circumstances in which ExteNet is legally obligated to take action more promptly and the prior notification requirement of this section shall not apply to emergency situations, in which case ExteNet will give notice as quickly as is reasonably practicable. Licensee shall have no responsibility for costs and expenses relating to any such Relocation or Modification of the ExteNet Cable. If and to the extent that such Relocation or Modification is required by reason of events or circumstances beyond ExteNet's reasonable control, Licensee shall have sole responsibility for costs and expenses relating to any necessary rearrangement, relocation, modification or alteration of any of Licensee's fiber drops or laterals or other equipment, electronics or lasers installed to light the Licensed Fiber, or other facilities Licensee has interconnected to the Licensed Fiber (`'Licensee Facilities Relocation or Modification") that may result therefrom. However, if and to the extent that such Relocation or Modification is made at ExteNet's discretion or for ExteNet' benefit, ExteNet shall bear the reasonable cost of the Licensee Facilities Relocation or Modification resulting therefrom. To the extent reasonably possible, the Relocation or Modification shall not interfere with Licensee's ability to utilize Licensee's facilities that depend on the Licensed Fiber. (iii) Any equipment, electronics, lasers, or interconnecting fiber or other network facilities provided by Licensee shall be installed and maintained in accordance with the requirements and specifications of the then current editions of the National Electrical Code (NEC), and the National Electrical Safety Code (NESC), each of which are incorporated by reference in this Agreement. Further, Licensee and its consultants and contractors shall at all times comply with the applicable rules and regulations of the Occupational Safety and Health Act of 1970 (OSHA), with all applicable state and federal statutes and laws, and with all applicable regulations, rules and orders issued by any state or federal agency having jurisdiction thereof, including without limitation the Federal Communications Commission and the California Public Utilities Commission (iv) ExteNet reserves the right to make periodic inspections at any time of any part of Licensee's equipment, electronics, lasers, or facilities (including interconnected fiber or copper cable) utilized by Licensee in conjunction with the Licensed Fiber for purposes of assuring compliance with the terms and conditions hereof and with applicable laws, rules and regulations as reasonably necessary to prevent or detect interference with or damage to the Network or breaches of Licensee's obligations hereunder. Except in the case of an emergency, ExteNet shall give Licensee 48 hours' notice before carrying out such inspections and Licensee shall be permitted, but not required, to have a representative present for such inspections. Such inspections shall be conducted at ExteNet's expense. Licensee agrees that such periodic inspections by ExteNet, or the failure to do so, shall not relieve Licensee of any responsibility, obligation or liability whether assumed under this Agreement or otherwise existing. 3. Maintenance Exhibit C - Dark Fiber License Agreement Page 6