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and Licensee shall not alter, damage or otherwise impair the usefulness of the Licensee Fibers or <br /> such other Licensor property,normal wear and tear excepted. <br /> B. Licensee shall not use the Licensee Fibers in any way which fails to comply with <br /> any applicable governmental code, ordinance, law,rule,regulation,or restriction. <br /> 17. LICENSORSHIP OF LICENSEE FIBERS;NO LIENS; SUBORDINATION <br /> A. It is understood and agreed that the title to the Licensee Fibers and to all lines, <br /> material, equipment, and other property installed or constructed by or for Licensor in connection <br /> with the Licensee Fibers hereunder shall be and remain solely with the Licensor. <br /> B. Neither Party shall permit any lien or encumbrance to attach to the property of the <br /> other as a result of any work done or materials and supplies furnished by or for such other Party. <br /> 18. FAILURE TO OBTAIN APPROVALS; REMEDIES UPON FAILURE TO <br /> OBTAIN APPROVALS <br /> A. Licensor has or will obtain all required regulatory authorizations,permits and other <br /> Agreements(collectively,"Approvals")necessary for use of the Cable in ducts,on poles or towers <br /> and/or in trenches on public or private property, except to the extent that the failure to obtain any <br /> such Approvals,in the aggregate,would not have a material adverse effect on the use of the Cable, <br /> and all costs for the current or future use of such ducts,poles,towers and trenches will be paid by <br /> Licensor,but Licensor's failure to obtain any Approvals shall not be an Act of Default under this <br /> Agreement. <br /> B. Notwithstanding the acceptance of the Licensee Fibers pursuant to the acceptance <br /> and testing provisions set forth in Section 6, in the event Licensor is unable to obtain or renew <br /> such Approvals as are necessary for Licensor to operate the Cable and for Licensee's intended use <br /> of the Cable,Licensee may terminate this Agreement without liability,and such termination shall <br /> be its exclusive remedy. <br /> 19. DEFAULT; REMEDIES UPON DEFAULT AND FAILURE TO OBTAIN <br /> APPROVALS <br /> A. The following shall be Events of Default: <br /> 1. Licensee fails to pay any installment of Annual Fee within thirty (30) Days after <br /> receipt of written notice of non-payment; <br /> 2. Any representation or warranty made by either Party in Section 29 of this <br /> Agreement proves to have been false or misleading in any material respect as of the <br /> time it was made(including by omission of material information necessary to make <br /> such representation,warranty or statement not misleading); <br /> 12 <br /> Fiber Optic Cable Master License Agreement <br />