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CONDUIT FACILITIES <br /> 7. Licensee represents that it has obtained all legally required authority to <br /> place and maintain its facilities within public streets, highways, and other <br /> thoroughfares and has obtained all legally required consents from state, <br /> county, or municipal authorities and from the owners of property to <br /> construct and maintain facilities at the location of the Licenser's conduit <br /> system which it desires to use, and will hold Licensor harmless from any <br /> claims for damage or liability of whatever nature arising out of failure of <br /> Licensee to secure such consents, franchises, or such certificates of <br /> convenience and necessity as may be lawfully required. Licensor may <br /> require from Licensee proof of such authority and consent. <br /> 8. Licensee shall pay to Licensor, for placements of Licensee's cable facilities <br /> and associated equipment in the Licensor's conduit system, rental, at the <br /> rate of $ 1.13 per year for each leased conduit duct foot, as hereinafter set <br /> forth. Rental pay meats shall be made annually, in advance, on the 15 th <br /> day of January of each year. The amount of the advance payment <br /> shall be $ 1. 13 times the number of conduit duct feet contracted for <br /> on each Dec. 15 th preceding payment date. Upon termination of this <br /> Agreement, the rental payment shall be prorated for the time of actual <br /> occupancy during the final annual period and shall be set off against the <br /> advance rental paid by Licensee for that period. Rental shall be payable <br /> for duct feet physically in place by Licensee without regard to whether <br /> service is actually provided by Licensee through the facilities within. <br /> Adjustments in the rental rate may be made by Licensor during the term of <br /> the Agreement upon sixty (60) days'prior written notice to Licensee. <br /> Notwithstanding any other provision of this Agreement, Licensee may <br /> terminate this Agreement at the end of such notice period if the prapcsed <br /> rate adjustment is not acceptable to Licensee, but Licensee shall remain <br /> liable for and shall pay to Licensor the adjusted rental for any placements <br /> which remain thereafter. <br />