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<br />MRY-~4-1g~~ 14:55 <br /> <br />P.04 <br /> <br />session. LCRA shall not be liable 10 Licensee or its DJJiJiare.s or customers for any consequenlial <br />damages, incbiding lo.ts of use, revenue, or proftJ in connection with OfI/age.s or equipment <br />failures Ct:IJJs~d by F orC/! Majeure cand1tions. <br /> <br />9. M~\fi~BrinMtOl.CRA ~acijjttes. Anymoditications to~'y part of the System, terminations. <br />or LCRA-<>wned communications houses. indudina eonstNcting new demarcation points and <br />splices necusary to accommodateU~see'$ operations, shaU be perfollllCd by LeRA engineers <br />or LCllA's contractors and paid for by Licensee. With L~! consent, Licensee or its <br />coftU'aC:tOn may perform ceI1ain wosX OD L~ faeilities. <br /> <br />10. ~ecesDQ' Outap!. Licensee and LeRA acknowJedge that occasional outages may be <br />necessary for cable or System maint~nce and repair. during which users of the Segment Route <br />may be required to power down or ahut down equipment to faa1itate such work. Licensee and <br />LCRA agree to cooperate with each other and with other licensees to sched~e and expedite these <br />outages. Neither Party, nor their customers or affiliates, shall have a claim against the other Party <br />for business interruption, loss of reverwe, Of profit or other consequences of an outage. <br /> <br />11. R~~fVatio~. LCRA reserves the right to license capacity on the System to other entities, <br />proW1ed that later uses do not interfere with prior ones. LCRA also reserves the right to use <br />wbatever portion of tbe System is necessary and convenient to provide the capacity under this <br />Asreement. <br /> <br />lZ. Subl~ensini P(ohibi~. Licensee shall not sublicense any $pace or occupancy right!. within <br />the Segment Route or in Licensee Facilities to a third party. or grant any right of access, <br />o<<up~. or use to a third pany \Without the prior, written pennission ofLCRA. <br /> <br />13. Li,mtatiQn ofpse. The capacity licensed under this Agreement shall only be used to funher <br />the legitimate business purposes of'Ucensec: and LCRA. and shan not be use to provide common <br />carrier communication services of any kind or for resale. The: System is a private communication <br />system, and Licensee shall not take any action which may QUse the System Of any part of the <br />System to be charactc:rized as providing common carrier oommunications under federal or state <br />law or federal or state regulations. <br /> <br />14. LCRA'S Ri&ht o(Reclamadog. NotWitbstaading any other provision of this Agreement to <br />~ contrary, LCRA sbaIl have the right to reclaim capacity within the Segment Route and space <br />in LCRA-owned communications hOuses at the end of the Primary Term and at the end of any <br />Renewal Term if needed for leltA U.!e and without any liability to Licensee. In such an e"tIef)t. <br />LCRA shaD provide Ucensec sixty (60) da}'$ notice and shaUlry to assist Licenscc in findinB <br />other segments and in reJOQ.ling Licensee Facilities to o~ termination points if available, in <br />which case: the Total Monthly License Fcc and escalations for the replacement segment JhaJl <br />remain the se.me as for the reclaimed Segment Route. Li~ shan not be subject to reclamation <br />tD aecommodate other licenseeS' but may be subject to reclamation to accommodate additions or <br /> <br />CO....tuticotlOlll CDltJCQ/ioft l.iccmt AgI'ff"'~1Il <br />Pagt' <br /> <br />lowER CoLO&\OO IWEB AImroarn- <br />