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in a receptacle regularly maintained by the U.S. Postal Service addressed to the party at <br />the address set forth below with postage pre -paid. <br />(ii) Notices shall be given to the following: <br />If to Licensee: <br />If to ExteNet: <br />ExteNet Systems, Inc. <br />ATTN:CFO <br />3030 Warrenville Rd, Suite 340 <br />Lisle, Illinois 60532 <br />With a copy to General Counsel at the same address. <br />Or to such other addresses and persons as Licensee or ExteNet may hereafter designate <br />in a notice given in accordance with this Section 9.1. <br />9.2 Non -Waiver <br />Failure of ExteNet to take action to enforce compliance with any of the terms or <br />conditions of this Agreement, or to give notice or declare this Agreement or any <br />authorization granted hereunder terminated, or to exercise any right or privilege <br />hereunder, shall not be construed as a continuing or future waiver of such term, <br />condition, right or privilege, but the same shall be and remain at all times in full force <br />and effect. <br />9.3 Headings <br />All headings contained in this agreement are for convenience only and are not intended <br />to affect the meaning or interpretation of any part of this Agreement. <br />9.4 Governing Law <br />This Agreement and the rights and obligations contained in it shall be construed in <br />accordance with, and governed by, the laws of the State of California without regard to <br />its choice of law provisions. <br />9.5 Counterparts <br />This Agreement may be executed in any number of counterparts, each of which when <br />executed shall be deemed an original, but all of which together shall constitute one and <br />Exhibit C - Dark Fiber License Agreement <br />Page 11 <br />