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5.2 Dark Fiber Transfers Prohibited. Grantee will not permit or provide access to or use
<br />of the City Fibers as dark fiber by any private non - governmental third party, whether by
<br />lease, license, sublicense, IRU, sale, resale, or any other form of transfer, trade, swap,
<br />disposition or agreement.
<br />5.3 Connections. The Demarcation Point(s) for the System, as of the Effective Date, are as
<br />listed in Addendum A and depicted in Addendum B. Grantor has the sole right and
<br />obligation to splice the City Fibers at the Demarcation Points for the System. Additional
<br />Demarcation Points may be added throughout the Term, and Grantee shall have the right
<br />to establish new Demarcation Points at any handhole, manhole or splice enclosure box on
<br />the Route, provided that establishing new Demarcation Points shall be performed by
<br />Grantor. Grantee shall request splicing and the establishment of additional Demarcation
<br />Points by submission of a written request.
<br />5.3.1 Addendum B depicts the location of the Demarcation Points. To access the City
<br />Fiber at the Demarcation Points, Grantee must call the Grantor's NOC as
<br />provided in the License Agreement.
<br />5.4 Grantee's Premise Side Responsibility. Grantee shall pay for, install, construct,
<br />maintain, and otherwise be responsible for all equipment on the Premise Side of the Point
<br />of Demarcation.
<br />5.5 Unauthorized Access to System /Limitation of Grantee. Grantee shall not access any
<br />part of the System, except for premise equipment and facilities on the Premise Side of the
<br />Point of Demarcation, without the prior written consent of Grantor, and then only upon
<br />the terms and conditions specified by Grantor. Grantee shall not, by itself or through any
<br />agent or contractor, make any repair, replacement, alteration or modification to the City
<br />Fibers, Cable, Cable Accessories or any portion of the System or any other equipment or
<br />facilities in the Route or on the Network Side of the Demarcation Point, nor shall Grantee
<br />install any equipment or facilities to be used with the City Fibers or use the City Fibers in
<br />any manner which damages or interferes with the System or any other user of the System.
<br />5.6 No Adequate Remedy at Law. Grantee recognizes that breach of any provision of this
<br />Article 5 may cause Grantor irreparable injury, for which damages would be impossible
<br />to calculate. Accordingly, Grantee hereby consents to the entry of an injunction against
<br />any actual or threatened violation and an order for specific performance of the obligations
<br />herein. Equitable remedies shall be in addition to any damages a court may award.
<br />6. SYSTEM MAINTENANCE
<br />6.1 Grantor's Obligations. Grantor shall have the sole obligation and right to maintain and
<br />repair the Cable and Cable Accessories, including, without limitation, City Fibers.
<br />Grantor shall maintain and repair, or cause to be maintained and repaired, the Cable and
<br />Cable Accessories in good operating condition and pursuant to the Cable Parameters, all
<br />applicable manufacturer's specification, industry standards, building, construction and
<br />safety codes, as well as any and all other material, applicable governmental laws, statutes,
<br />rules, regulations, codes and ordinances.
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