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2.1 As of the Effective Date, Grantor hereby grants to Grantee, and Grantee hereby acquires from Grantor; (i) an exclusive indefeasible right (IRU) of use in, for the purposes described herein, the number of fibers set forth in Exhibit "A" to be specifically identified in the Cable between the Segment End Points for such Segment (the "Grantee Fibers"); and (ii) an associated and non-exclusive indefeasible right of use, for the purposes described herein, in the Associated Property respecting such Segment, all upon and subject to the terms and conditions set forth herein (collectively the "IRU"). 2.1 The Grantor hereby grants to the Grantee an IRU of approximately twelve thousand one hundred and fifty (12,150) feet of optical fibers of the Grantor's fiber optic cable system ("Optical Fiber") connecting the access points ("AP") as described in Exhibit "A" as shared backbone and shown on Diagram 1 Facility Connections, attached to and made a part of this Agreement. 2.2 Notwithstanding the grant of an IRU to Grantee, the Grantor will continue to own and maintain the Optical Fiber to ensure continuous functionality. Grantor response for repairs on the Optical Fiber segments will be made within four hours of any reported trouble. Trouble or Outages should be reported to the Grantor's Network Operations Center at 651-792-7099. 2.3 Grantor shall maintain responsibility for any maintenance, repair or relocation costs of the Grantor System. Grantee will reimburse Grantor for a share of the maintenance costs referenced in paragraph 3.3 below. Except for the payments expressly provided for in this Agreement, Grantee is not responsible for any repair or relocation costs of the Grantor System. 2.4 Grantee is responsible for any and all locating, repairs or relocations and for any costs associated with Facility Connections to Grantee facilities. 2.5 Grantee agrees to monitor the Facility Connections and report any fiber-related problems to the Grantor. SECTION 3 — PAYMENT 3.1 Grantee shall pay the Grantor $36,450 for the IRU of the Optical Fiber for the twenty-year term of this Agreement. This cost will be paid upon invoice from the Grantor and within Grantee standard payment policies. 3.2 Grantee shall pay the Grantor an annual recurring cost of $1,215.00 until termination of this agreement as Grantee's share of maintenance costs for the Optical Fiber. The Grantor shall perform all maintenance on the Optical Fiber, which shall consist of Clearing of Locate Tickets, Locates and Fiber Repair. Relocation is not part of Maintenance. Maintenance costs are subject to an increase of up to 3% each year over the term of the Agreement, at the Grantor's discretion and based on costs. These costs will be paid upon invoice from Grantor and within Grantee standard payment policies. 3.3 Following pre-instaltation written notice from the Grantor, Grantee shall pay the reasonable one-time costs for future additional connections to the Facility Connections granted by this Agreement. There will be no additional recurring cost, as described in section 3.2; to the Grantee for connections installed pursuant to this section 3.3. IRU_RCL_JAN2010_rev3TDH