Agmt 2019 MLA for Small Cell Pole Attachment

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(i) ExteNet shall maintain all facilities interconnected with or comprising a part of the ExteNet Cable that are owned by ExteNet, including the Licensed Fiber, provided that ExteNet's obligation to maintain such facilities shall not in any way extend beyond the term of the MLA and provided further that such obligation shall cease earlier as to any Fiber Segment with respect to which ExteNet and its successors in interests either: (1) loses the necessary attachment and access rights to enable such maintenance; or (2) permanently ceases to use such Fiber Segment (other than the Licensed Fiber) for the provision of services to their customers, provided that before removing any such Fiber Segment ExteNet gives Licensee prior written notice and an opportunity to assume responsibility for maintaining and operating such Fiber Segment. (ii) Licensee shall have sole responsibility for maintaining all of its equipment, electronics, lasers, fiber and other facilities interconnected to the Licensed Fiber. Licensee shall maintain its equipment, electronics, lasers and interconnecting fibers and facilities in good repair and in a manner that will not interfere with, or degrade the quality or reach of any signal, transmission or telecommunications carried on the ExteNet Cable. If Licensee's equipment or facilities should cause any type of interference with, or degradation of, any signal, transmission or telecommunications on the ExteNet Cable, ExteNet shall contact the appropriate person(s) at Licensee and Licensee agrees to correct the condition. Such correction shall be made within twenty four (24) hours, as Licensee's schedules and resource availability permits, for any problem causing interference or disruption of any signal, transmission or telecommunications on the ExteNet Cable. Such correction shall be made within forty eight (48) hours, as Licensee's schedules and resource availability permits, for any problem causing a degradation, but not disruption, of any signal, transmission or telecommunications on the ExteNet Cable. If Licensee fails to take such corrective action, ExteNet may in its sole discretion correct said condition at Licensee's expense. ExteNet shall notify Licensee in writing prior to performing such work whenever practicable. When ExteNet reasonably believes, however, that such conditions pose an immediate threat to public safety or interfere with the performance of ExteNet's service obligations to its customers, or pose an immediate threat to the physical integrity of the ExteNet Cable or other facilities, ExteNet may perform such work and/or take such action, including temporary disconnection of Licensee's equipment and facilities from the ExteNet Cable, that it reasonably deems necessary without first giving written notice to Licensee. Licensee shall be responsible for paying ExteNet for all reasonable costs incurred by ExteNet in taking such corrective actions if ExteNet shows that the problem was in fact caused by Licensee's equipment or facilities. In the latter case, ExteNet shall bear the cost of any reconnection or restoration of Licensee's equipment or facilities that is made necessary as a result of ExteNet's mistaken actions. 4. Liability and Damages (i) Only as arising under this Agreement and not in its capacity as a municipality or otherwise, Licensee, its personnel, agents and contractors shall exercise reasonable caution to avoid damaging the facilities of ExteNet and shall make an immediate report to ExteNet of the occurrence of any such damage caused by its personnel, agents or contractors. Licensee agrees to reimburse ExteNet for all reasonable costs incurred by Exhibit C — Dark Fiber License Agreement Page 7