Common use of Maintenance and Operation Clause in Contracts

Maintenance and Operation. 7.1 Lessor agrees that the FPSO shall, for the duration of the charter term, be in the full possession and at the absolute disposal for all purposes of Charterer and under its complete control in every respect. Subject to Article 7.3, as necessary to meet and maintain requirements of the American Bureau of Shipping ("ABS"), Charterer shall maintain the FPSO in a good state of repair. In addition, Charterer shall maintain the FPSO in efficient operating condition and in accordance with good commercial maintenance practice, and shall keep the FPSO with valid, unexpired classification of the class as indicated in Article 2, free of recommendations and notations affecting class. Charterer shall furnish Lessor with one duplicate original or certified true copy of all class and flag certificates issued or notated during the duration of the charter upon their issuance or notation. Lessor shall keep all Thai, Bahamian (the "Country of Registry") and other required certificates valid, up-to-date and in full force at all times. Charterer shall maintain the following maintenance reports, records, surveys and documents: Planned Maintenance System, Continuous Survey of Machinery and such other reports, records, surveys and documents as Lessor shall reasonably specify in writing. Charterer shall provide copies of such documents to Lessor upon Lessor's request. Lessor shall provide Charterer and Operator with all authorizations which Charterer may reasonably require in order to accomplish the actions required or permitted to Charterer under this Article 7. 7.2 Subject to Article 7.3, Charterer shall take immediate steps to have all necessary repairs done within a reasonable time. 7.3 Notwithstanding the terms of Articles 7.1 and 7.2, Major Repairs necessary to meet and maintain ABS requirements and the Design Basis shall be the responsibility of Lessor provided always that Charterer has not caused the need for such repairs as a result of Charterer's gross negligence or willful misconduct. "Major Repairs" shall mean all repairs to the FPSO other than: (a) repairs resulting from corrosion caused by a combination of carbon dioxide and water in the gas stream, and (b) repairs costing less than U.S. $100,000 per incident. Such Major Repairs shall be carried out by Lessor and Charterer shall provide all necessary assistance.

Maintenance and Operation. 7.1 Lessor 6.1 SUNESYS shall maintain Licensee's Fiber Optic Facilities. Licensee shall cooperate with and assist, as may be reasonably required, SUNESYS in performing said maintenance. In the event of service outages or other maintenance request, SUNESYS agrees that to use best efforts to respond within two (2) hours of time of notice. 6.2 Notwithstanding anything to the FPSO shallcontrary contained herein, Licensee shall solely be responsible, at its own expense, for the duration construction, installation, operation, maintenance, repair and any other activity engaged by or on behalf of Licensee relating to all light communications transmission equipment and other terminal equipment and facilities required in connection with the use, electronics or signals of Licensee's Fiber Optic Facilities. 6.3 SUNESYS shall be responsible for all necessary splicing, including any splicing required to connect Licensee’s Fiber Optic Facilities provided under this Agreement to any other fiber serving Licensee. Licensee shall pay SUNESYS the cost of SUNESYS’ performing such splicing at SUNESYS’ then current rates for such work. Licensee shall be responsible for the construction, installation, maintenance and repair of any laterals required to connect Licensee’s Fiber Optic Facilities provided under this Agreement to any termination point outside the portion of the charter termRoute shown on Exhibit A, attached hereto. 6.4 Should any splices or other work not be placed and maintained in accordance with the full possession provisions of this Agreement by Licensee or at Licensee’s direction, SUNESYS, at its option, may correct said condition. SUNESYS shall notify Licensee in writing prior to performing such work whenever practicable. However, when such conditions pose an immediate threat to the physical integrity of SUNESYS' facilities, SUNESYS may perform such work and at take such action that it deems necessary without first giving notice to Licensee. As soon as practicable thereafter, SUNESYS shall advise Licensee of the absolute disposal work performed and the action taken and shall endeavor to arrange for re-accommodation of Licensee's Fiber Optic Facilities so affected. Licensee shall promptly reimburse SUNESYS for all purposes of Charterer reasonable costs incurred by SUNESYS for all such work, action and under re-accommodation performed by SUNESYS. 6.5 Licensee shall, at its complete control in every respect. Subject sole cost and expense, promptly respond to Article 7.3and remediate any Hazardous Discharge to and from SUNESYS’ Conduit System resulting from Licensee's operations. 6.6 SUNESYS shall be responsible for obtaining and maintaining from the appropriate public or private authority any pole attachment agreements, as necessary franchises, licenses, state, local or right-of-way permits or other authorizations required to meet enter upon the property where SUNESYS' Conduit System is located and to operate and maintain requirements Licensee's Fiber Optic Facilities in SUNESYS' Conduit System. Licensee will not engage in any activity that affects SUNESYS' right-of-way interests without the written permission of the American Bureau of Shipping SUNESYS. 6.7 Licensee, at its sole cost and expense, shall ("ABS"), Charterer shall maintain the FPSO i) use Licensee's Fiber Optic Facilities and (ii) conduct all work in or around SUNESYS’ Conduit System in a good state of repair. In addition, Charterer shall maintain the FPSO in efficient operating safe condition and in accordance with good commercial maintenance practicea manner reasonably acceptable to SUNESYS, and shall keep so as not to physically, electronically or inductively conflict or interfere or otherwise adversely affect SUNESYS’ Conduit System or the FPSO with validfacilities placed therein by SUNESYS, unexpired classification or other authorized licensees of the class as indicated Fiber Optic Facilities. 6.8 Prior to Licensee’s performing any work in Article 2, free of recommendations and notations affecting class. Charterer shall furnish Lessor with one duplicate original or certified true copy of all class and flag certificates issued or notated during the duration of the charter upon their issuance or notation. Lessor shall keep all Thai, Bahamian (the "Country of Registry") and other required certificates valid, up-to-date and in full force at all times. Charterer shall maintain the following maintenance reports, records, surveys and documents: Planned Maintenance around SUNESYS’ Conduit System, Continuous Survey of Machinery and such other reports, records, surveys and documents as Lessor Licensee shall reasonably specify in writing. Charterer shall provide copies of such documents to Lessor upon Lessor's request. Lessor shall provide Charterer and Operator with all authorizations which Charterer may reasonably require in order to accomplish the actions required or permitted to Charterer under this Article 7. 7.2 Subject to Article 7.3, Charterer shall take immediate steps to have all necessary repairs done within a reasonable time. 7.3 Notwithstanding the terms of Articles 7.1 and 7.2, Major Repairs necessary to meet and maintain ABS requirements and the Design Basis shall be the responsibility of Lessor provided always that Charterer has not caused the need for such repairs as a result of Charterer's gross negligence or willful misconduct. "Major Repairs" shall mean all repairs to the FPSO other than: obtain prior written authorization from SUNESYS approving (a) repairs resulting from corrosion caused by a combination of carbon dioxide and water in the gas stream, any further work Licensee is directing to be performed and (b) repairs costing less than U.S. $100,000 per incidentthe party performing such work. 6.9 In the event Licensee receives information that the Fiber Optic Facilities are damaged, it shall notify SUNESYS of said damage by phone at 000.000.0000. Such Major Repairs shall be carried out In the event SUNESYS receives information that Licensee's Fiber Optic Facilities are damaged, SUNESYS will notify Licensee of said damage by Lessor and Charterer phone at: ( ) - _. In each case, the caller shall provide all necessary assistancethe following information: 1. Name of entity making report. 2. Location reporting problem. 3. Name of contact person reporting problem. 4. Description of the problem in as much detail as possible. 5. Time and date the problem occurred or began. 6. State whether or not the problem presents a jeopardy situation to SUNESYS’ Conduit System or Licensee's Fiber Optic Facilities. 6.10 SUNESYS shall designate the particular Strands of Dark Fiber that will constitute Licensee's Fiber Optic Facilities and the location and manner in which they will enter and exit SUNESYS’ Conduit System.

Maintenance and Operation. 7.1 Lessor agrees that 9.1 LICENSOR shall be solely responsible to maintain LICENSEE’s Fiber Optic Facilities. LICENSEE shall cooperate with and assist LICENSOR, as reasonably may be required, in performing said maintenance. In the FPSO shallevent of a Service Affecting Outage, LICENSOR shall begin restoration activities within two (2) hours after LICENSOR becomes aware of such Service Affecting Outage and work to restore the the Fiber Optic Facilities as soon as possible. LICENSOR shall provide a credit against the license fees for the month in which a Service Affecting Outage occurs in an amount equal to 4 percent (4%) of the monthly license fee for every cumulative hour of service outage up to a maximum of 100% of the monthly license fee. LICENSEE shall have the right to terminate the affected Addendum or Service Order without payment of a termination charge for “Chronic Service Affecting Outages”, defined as the occurrence of four (4) or more Service Affecting Outages, each of which is greater than two (2) hours in duration, within any ninety (90) consecutive calendar day’s period. 9.2 Notwithstanding anything to the contrary contained herein, LICENSEE shall solely be responsible, at its own expense, for the duration construction, installation, operation, maintenance, repair and any other activity engaged by or on behalf of LICENSEE relating to all light communications transmission equipment and other terminal equipment and facilities required in connection with the use, electronics or signals of LICENSEE’s Fiber Optic Facilities beyond the defined point of demarcation. 9.3 LICENSOR shall be responsible for all necessary splicing on the LICENSOR’s Fiber Optic Facilities. Where LICENSOR’s Fiber Optic Facilities connect to LICENSEE fiber optic cable, the associated Addendum or Service Order will detail and describe the Parties splicing responsibilities. LICENSEE may request and LICENSOR shall grant access to LICENSEE’s Fiber Optic Facilities at additional access/splice points along the Route, provided that (i) such access/splice points are technically feasible in LICENSOR’s reasonable opinion, (ii) LICENSEE agrees to pay a reasonable splice fee at the time, (iii) all work is performed by LICENSOR as provided in this Section 9.3, and (iv) the agreements governing LICENSOR’s use and occupancy of the charter term, be in the full possession and right of way at the absolute disposal access/splice points do not otherwise prohibit such access by parties other then LICENSOR. 9.4 Should LICENSEE perform, authorize, or contract any splices or other work not in accordance with the provisions of this Agreement (specifically article 6.1 stating LICENSOR must do the work), LICENSOR may at its option correct said condition. LICENSOR shall notify LICENSEE in writing prior to performing such work whenever practicable. However, when such conditions pose an immediate threat to the physical integrity of LICENSOR’s facilities, LICENSOR may perform such work and take such action that it deems necessary without first giving notice to LICENSEE. As soon as practicable thereafter, LICENSOR shall advise LICENSEE of the work performed and the action taken and shall endeavor to arrange for re-accommodation of LICENSEE’s Fiber Optic Facilities so affected. LICENSEE shall promptly reimburse LICENSOR for all purposes of Charterer reasonable costs incurred by LICENSOR for all such work, action and under re-accommodation performed by LICENSOR. 9.5 LICENSEE shall, at its complete control in every respect. Subject sole cost and expense, promptly respond to Article 7.3and remediate any Hazardous Discharge to and from LICENSOR’s Fiber System resulting from LICENSEE’s operations. 9.6 LICENSOR shall be responsible for obtaining and maintaining from the appropriate public or private authority any pole attachment agreements, as necessary franchises, licenses, state, local or right-of-way permits or other authorizations required to meet enter upon the property where LICENSOR’s Fiber System is located and to operate and maintain requirements LICENSEE’s Fiber Optic Facilities in LICENSOR’s Fiber System. LICENSEE will not engage in any activity which affects LICENSOR’s right-of-way interests without the written permission of LICENSOR. LICENSEE shall reimburse LICENSOR for all costs in obtaining any pole attachment agreements, franchises, licenses, state, local or right-of-way permits or other authorizations attributable to the granting of the American Bureau rights herein. It is the intent of Shipping the parties that LICENSOR shall be specifically reimbursed for any GDOT permit fees required, if any, for LICENSEE’s installation and use of the Dark Fiber. 9.7 LICENSEE, at its sole cost and expense, shall ("ABS"), Charterer shall maintain the FPSO i) use LICENSEE’s Fiber Optic Facilities and (ii) conduct all work in or around LICENSOR’s Fiber System in a good state of repair. In addition, Charterer shall maintain the FPSO in efficient operating safe condition and in accordance with good commercial maintenance practicea manner reasonably acceptable to LICENSOR, and shall keep so as not to physically, electronically or inductively conflict or interfere or otherwise adversely affect LICENSOR’s Fiber System or the FPSO with validfacilities placed therein by LICENSOR, unexpired classification or other authorized LICENSEE’s of the class as indicated Fiber Optic Facilities. 9.8 LICENSEE must obtain prior written authorization, which such authorization shall not be unreasonably withheld, conditioned or delayed, from LICENSOR approving any further work and the party performing such work before LICENSEE shall perform any work in Article or around LICENSOR’s Fiber System. 9.9 In the event LICENSEE receives information that the Fiber Optic Facilities are damaged, it shall notify LICENSOR of said damage by phone at (000)000-0000 or by e-mail x0xxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxx. In the event LICENSOR receives information that LICENSEE’s Fiber Optic Facilities are damaged, LICENSOR will notify LICENSEE of said damage by phone at (000)-000-0000 or email xxxxxxx-xxx@xxxxxxxxxxxxxxxxxxxxx.xxx and xxxxxxx@xxxxxxxxxxxxxxxxxxxxx.xxx. In each case, the caller shall provide the following information: 1. Name of entity making report. 2, free . Location reporting problem. 3. Name of recommendations and notations affecting classcontact person reporting problem. 4. Charterer shall furnish Lessor with one duplicate original or certified true copy of all class and flag certificates issued or notated during the duration Description of the charter upon their issuance problem in as much detail as possible. 5. Time and date the problem occurred or notationbegan. 6. Lessor State whether or not the problem presents a jeopardy situation to LICENSOR’s Fiber System or LICENSEE’s Fiber Optic Facilities. 9.10 LICENSOR shall keep all Thaidesignate the particular Strands of Dark Fiber that will constitute LICENSEE’s Fiber Optic Facilities and the location and manner in which they will enter and exit LICENSOR’s Fiber System. This information shall be contained on each executed Addendum. 9.11 If LICENSOR moves, Bahamian replaces or changes the location, alignment or grade of LICENSOR’s Fiber System (“Relocation”), LICENSOR shall concurrently relocate LICENSEE’s Fiber Optic Facilities. If the "Country Relocation is because of Registry") an event of Force Majeure or of any governmental or third party authority, including and other required certificates validtaking by right of eminent domain, up-to-date and in full force at all timesLICENSEE shall reimburse LICENSOR for LICENSEE’s proportionate share of the costs of the Relocation of LICENSOR’s Fiber System. Charterer shall maintain To the following maintenance reports, records, surveys and documents: Planned Maintenance extent LICENSOR receives reimbursement from a third party which is allocable to a Relocation of LICENSOR’s Fiber System, Continuous Survey it will credit or reimburse LICENSEE for its proportionate share of Machinery and such other reportsthe reimbursement. If LICENSOR relocates LICENSOR’s Fiber System solely for its own benefit, records, surveys and documents as Lessor LICENSEE shall reasonably specify in writingnot be required to reimburse LICENSOR for the costs of the Relocation of LICENSOR’s Fiber System. Charterer shall provide copies of such documents to Lessor upon Lessor's request. Lessor shall provide Charterer and Operator with all authorizations which Charterer may reasonably require in order to accomplish the actions required or permitted to Charterer under this Article 7. 7.2 Subject to Article 7.3, Charterer shall take immediate steps to have all necessary repairs done within a reasonable time. 7.3 Notwithstanding the terms of Articles 7.1 and 7.2, Major Repairs necessary to meet and maintain ABS requirements and the Design Basis LICENSEE’s proportionate share shall be the responsibility of Lessor provided always that Charterer has not caused the need for such repairs as a result of Charterer's gross negligence or willful misconduct. "Major Repairs" shall mean all repairs to the FPSO other thancombined calculation of: (a) repairs resulting from corrosion caused a fraction, the numerator of which shall be the number of conduits occupied by a combination the LICENSEE’s Fiber Optic Facilities and the denominator of carbon dioxide and water which shall be the total number of conduits in the gas streamaffected LICENSOR’s Fiber System, and (b) repairs costing less than U.S. $100,000 per incident. Such Major Repairs a fraction, the numerator of which shall be carried out by Lessor the number of Strands in LICENSEE’s Fiber Optic Facilities and Charterer the denominator of which shall provide all necessary assistancebe the total number of Strands in the LICENSOR conduit containing the LICENSEE’s Fiber Optic Facilities.

Maintenance and Operation. 7.1 Lessor agrees that Lessee shall maintain the FPSO shallPremises at all times in a safe, neat and attractive condition, and shall not permit the accumulation of any trash, paper, or debris on the Premises. Lessee shall make all repairs, replacements and renewals, including repairs for any and all damages to the duration Premises caused by Lessee’s Associates, or Lessee’s operation thereon, and shall maintain and repair all equipment and Facilities thereon. Lessee shall obtain the Authority’s prior written consent before making any structural changes to the Premises, or modifications or additions to plumbing, electrical or other utilities. The Authority, in its sole discretion, shall be the judge of the charter termquality of maintenance and Lessee, upon notice from the Authority, shall be required to perform whatever maintenance the Authority deems reasonably necessary. If said maintenance is not undertaken by Lessee within thirty (30) days after receipt of written notice, the Authority shall have the right to enter upon the Premises and perform the necessary maintenance, the cost of which shall be the responsibility of the Lessee. Lessee shall be responsible for and shall perform all maintenance, including but not limited to the following: 1. Janitorial services, providing janitorial supplies, window washing, rubbish, and trash removal for interior and exterior of Premises. 2. Supply and replacement of light bulbs in and on all of the Premises. 3. Cleaning and maintenance of plumbing fixtures drain lines and systems within the Premises. 4. Replacement of all fixtures and improvements as necessary. 5. Building interior and exterior maintenance, and parking lot maintenance, including painting, repairing, paving and replacement. 6. Repair or replacement of equipment and utilities, to include electrical, mechanical and plumbing in all Facilities, including, but not limited to, air conditioning and heating equipment. All repairs to electrical and mechanical equipment are to be made by appropriately licensed personnel. Other repairs are to be made by craftsmen skilled in the full possession work to be done and at performing such work regularly as a trade. 7. Snow removal on the absolute disposal Premises, to be performed in a manner which does not interfere with Airport operations and does not damage Airport property. 8. Maintenance on all structures, pavements and equipment on the Premises, and utilities to the point where connected to the main source of supply or to the first manhole outside of the Premises or to the utility corridor. 9. Sealing and restriping the parking lot as necessary. 10. Providing hand fire extinguishers for all purposes of Charterer the Premises in accordance with applicable codes and under its complete control laws. 11. Maintain and replace all landscaping and grounds as originally approved by the Authority and installed. 12. Proper storage, dispensing and disposal of all flammable and/or hazardous substances in every respecta safe manner in accordance with applicable laws. 13. Subject to Article 7.3, Keep the Premises free of unlawful obstructions and safety hazards and free of pests and vermin. 14. Clean and maintain the public restrooms as necessary to meet keep them in a clean and maintain sanitary condition in accordance with applicable health regulations, and regularly stock them with appropriate supplies. 15. Lessee shall provide, for Authority approval, a waste management plan which addresses the disposal of hazardous and non-hazardous waste generated by Lessee’s activities. This plan shall, as applicable, conform to the requirements of the American Bureau Virginia Hazardous Waste Regulations and the Resource Conservation and Recovery Act and such plan shall be delivered to the Authority within sixty (60) days from the date of Shipping execution of this Lease. Potentially toxic wastes or Hazardous Materials ("ABS")as defined in Article 9) must be handled, Charterer shall maintain the FPSO in a good state stored and disposed of repair. In addition, Charterer shall maintain the FPSO in efficient operating condition and in accordance with good commercial maintenance practiceall applicable laws. If applicable, Lessee shall conform to and comply with the Airport’s Virginia Pollution Discharge Elimination System permit. Lessee shall keep the FPSO with valid, unexpired classification of the class as indicated in Article 2, free of recommendations and notations affecting class. Charterer shall furnish Lessor with one duplicate original or certified true copy of all class and flag certificates issued or notated during the duration of the charter upon their issuance or notation. Lessor shall keep all Thai, Bahamian (the "Country of Registry") and other required certificates valid, maintain up-to-date Storm Water Pollution Prevention Plan and perform all maintenance activities in full force at all timesa manner to prevent violation of the permit. Charterer In particular, Lessee shall maintain give special attention to the following maintenance reports, records, surveys and documentsfollowing: Planned Maintenance System, Continuous Survey of Machinery and such other reports, records, surveys and documents as Lessor shall reasonably specify in writing. Charterer shall provide copies of such documents to Lessor upon Lessor's request. Lessor shall provide Charterer and Operator with all authorizations which Charterer may reasonably require in order to accomplish the actions required or permitted to Charterer under this Article 7. 7.2 Subject to Article 7.3, Charterer shall take immediate steps to have all necessary repairs done within a reasonable time. 7.3 Notwithstanding the terms of Articles 7.1 and 7.2, Major Repairs necessary to meet Clean and maintain ABS requirements all grease traps on a regular basis (minimum once a quarter) and provide the Design Basis Authority with written documentation of each cleaning. The documentation shall be contain the responsibility grease trap location and identification; name of Lessor provided always that Charterer has not caused the need for such repairs as a result company doing the cleaning; volume/amount of Charterer's gross negligence or willful misconduct. "Major Repairs" shall mean all repairs to grease removed; name and location of disposal facility: and state of repair of the FPSO other than: (a) repairs resulting from corrosion caused by a combination of carbon dioxide and water in the gas stream, and (b) repairs costing less than U.S. $100,000 per incident. Such Major Repairs shall be carried out by Lessor and Charterer shall provide all necessary assistancegrease trap.

Maintenance and Operation. 7.1 Lessor 6.1 SUNESYS shall maintain Licensee's Fiber Optic Facilities. Licensee shall cooperate with and assist, as may be reasonably required, SUNESYS in performing said maintenance. In the event of service outages or other maintenance request, SUNESYS agrees that to use best efforts to respond within two (2) hours of time of notice. 6.2 Notwithstanding anything to the FPSO shallcontrary contained herein, Licensee shall solely be responsible, at its own expense, for the duration construction, installation, operation, maintenance, repair and any other activity engaged by or on behalf of Licensee relating to all light communications transmission equipment and other terminal equipment and facilities required in connection with the use, electronics or signals of Licensee's Fiber Optic Facilities. 6.3 SUNESYS shall be responsible for all necessary splicing, including any splicing required to connect Licensee’s Fiber Optic Facilities provided under this Agreement to any other fiber serving Licensee. Licensee shall pay SUNESYS the cost of SUNESYS’ performing such splicing at SUNESYS’ then current rates for such work. Licensee shall be responsible for the construction, installation, maintenance and repair of any laterals required to connect Licensee’s Fiber Optic Facilities provided under this Agreement to any termination point outside the portion of the charter termRoute shown on Exhibit A, attached hereto. 6.4 Should any splices or other work not be placed and maintained in accordance with the full possession provisions of this Agreement by Licensee or at Licensee’s direction, SUNESYS, at its option, may correct said condition. SUNESYS shall notify Licensee in writing prior to performing such work whenever practicable. However, when such conditions pose an immediate threat to the physical integrity of SUNESYS' facilities, SUNESYS may perform such work and at take such action that it deems necessary without first giving notice to Licensee. As soon as practicable thereafter, SUNESYS shall advise Licensee of the absolute disposal work performed and the action taken and shall endeavor to arrange for re-accommodation of Licensee's Fiber Optic Facilities so affected. Licensee shall promptly reimburse SUNESYS for all purposes of Charterer reasonable costs incurred by SUNESYS for all such work, action and under re-accommodation performed by SUNESYS. 6.5 Licensee shall, at its complete control in every respect. Subject sole cost and expense, promptly respond to Article 7.3and remediate any Hazardous Discharge to and from SUNESYS’ Conduit System resulting from Licensee's operations. 6.6 SUNESYS shall be responsible for obtaining and maintaining from the appropriate public or private authority any pole attachment agreements, as necessary franchises, licenses, state, local or right-of-way permits or other authorizations required to meet enter upon the property where SUNESYS' Conduit System is located and to operate and maintain requirements Licensee's Fiber Optic Facilities in SUNESYS' Conduit System. Licensee will not engage in any activity that affects SUNESYS' right-of-way interests without the written permission of the American Bureau of Shipping SUNESYS. 6.7 Licensee, at its sole cost and expense, shall ("ABS"), Charterer shall maintain the FPSO i) use Licensee's Fiber Optic Facilities and (ii) conduct all work in or around SUNESYS’ Conduit System in a good state of repair. In addition, Charterer shall maintain the FPSO in efficient operating safe condition and in accordance with good commercial maintenance practicea manner reasonably acceptable to SUNESYS, and shall keep so as not to physically, electronically or inductively conflict or interfere or otherwise adversely affect SUNESYS’ Conduit System or the FPSO with validfacilities placed therein by SUNESYS, unexpired classification or other authorized licensees of the class as indicated Fiber Optic Facilities. 6.8 Prior to Licensee’s performing any work in Article 2, free of recommendations and notations affecting class. Charterer shall furnish Lessor with one duplicate original or certified true copy of all class and flag certificates issued or notated during the duration of the charter upon their issuance or notation. Lessor shall keep all Thai, Bahamian (the "Country of Registry") and other required certificates valid, up-to-date and in full force at all times. Charterer shall maintain the following maintenance reports, records, surveys and documents: Planned Maintenance around SUNESYS’ Conduit System, Continuous Survey of Machinery and such other reports, records, surveys and documents as Lessor Licensee shall reasonably specify in writing. Charterer shall provide copies of such documents to Lessor upon Lessor's request. Lessor shall provide Charterer and Operator with all authorizations which Charterer may reasonably require in order to accomplish the actions required or permitted to Charterer under this Article 7. 7.2 Subject to Article 7.3, Charterer shall take immediate steps to have all necessary repairs done within a reasonable time. 7.3 Notwithstanding the terms of Articles 7.1 and 7.2, Major Repairs necessary to meet and maintain ABS requirements and the Design Basis shall be the responsibility of Lessor provided always that Charterer has not caused the need for such repairs as a result of Charterer's gross negligence or willful misconduct. "Major Repairs" shall mean all repairs to the FPSO other than: obtain prior written authorization from SUNESYS approving (a) repairs resulting from corrosion caused by a combination of carbon dioxide and water in the gas stream, any further work Licensee is directing to be performed and (b) repairs costing less than U.S. $100,000 per incidentthe party performing such work. 6.9 In the event Licensee receives information that the Fiber Optic Facilities are damaged, it shall notify SUNESYS of said damage by phone at 000.000.0000. Such Major Repairs shall be carried out In the event SUNESYS receives information that Licensee's Fiber Optic Facilities are damaged, SUNESYS will notify Licensee of said damage by Lessor and Charterer phone at: ( ) - . In each case, the caller shall provide all necessary assistancethe following information: 1. Name of entity making report. 2. Location reporting problem. 3. Name of contact person reporting problem. 4. Description of the problem in as much detail as possible. 5. Time and date the problem occurred or began. 6. State whether or not the problem presents a jeopardy situation to SUNESYS’ Conduit System or Licensee's Fiber Optic Facilities. 6.10 SUNESYS shall designate the particular Strands of Dark Fiber that will constitute Licensee's Fiber Optic Facilities and the location and manner in which they will enter and exit SUNESYS’ Conduit System.

Maintenance and Operation. 7.1 Lessor 8.1 SPC shall maintain the STA Strands in accordance with the requirements and procedures set forth in Schedule D ("Maintenance and Operations Specifications and Procedures"). STA shall cooperate with and assist, as may be reasonably required, SPC in performing said maintenance. 8.2 In the event of service outages, SPC agrees to use commercially diligent efforts to respond promptly and restore STA's Strands within the parameters of the specifications in Schedule C; provided however, that the FPSO shallSTA shall solely be responsible, at its own expense, for restoring an outage caused by a failure of light, signal or light communication transmission. STA shall also be solely responsible, at its own expense, for the duration routine surveillance of the charter termSTA Strands, be and the operation, maintenance and repair of all terminal equipment and facilities required in connection with the use of the STA Strands. 8.3 SPC shall provide STA access to STA's Strands by cable stub taken by SPC from the Network Facilities and delivered to STA at a splice point or, as mutually agreed to by the parties, in selected SPC OA Sites at the fiber distribution panel. If a splice point is not located at an SPC manhole/handhole/overhead splice enclosure, SPC shall, if mutually agreed, obtain all necessary permissions (if possible) and construct, at STA's expense, a manhole/handhole/overhead splice enclosure for STA. STA shall, if necessary, obtain the permissions outlined in the full possession preceding sentence. All other splice points shall be located at an SPC manhole/handhole/overhead splice enclosure. STA is permitted to request access to splice points in the future, provided STA reimburses SPC for any costs it incurs in providing access to such splice points. 8.3.1 SPC shall accomplish sheath opening and stub out of STA's Strands at the absolute disposal splice points in STA's and SPC's manholes/handholes/ overhead splice enclosures. STA may splice its own fiber optic cable to STA's Strands only in STA's manholes/handholes/overhead splice enclosures. SPC shall splice STA's fiber optic cable to STA's Strands in SPC's manhole/handhole/overhead splice enclosures. 8.3.2 The parties shall enter into a Collocation Agreement pursuant to which SPC shall provide collocation space to STA at SPC's Sites along the Route, such space and related services to be specifically defined in the Collocation Agreement. Should STA subsequently request additional space in SPC facilities along the Route not identified in the Collocation Agreement, SPC agrees to provide such space if it is available at the time STA requests such additional space. All xxxxxxxx for all purposes of Charterer and collocation space shall be made under its complete control in every respect. Subject to Article 7.3, as necessary to meet and maintain requirements of the American Bureau of Shipping ("ABS"), Charterer shall maintain the FPSO in a good state of repair. In addition, Charterer shall maintain the FPSO in efficient operating condition and in accordance with good commercial maintenance practiceCollocation Agreement, and shall keep not this Agreement. 8.4 Within thirty (30) days after the FPSO with validAcceptance Date, unexpired classification of the class as indicated in Article 2, free of recommendations and notations affecting class. Charterer shall furnish Lessor with one duplicate original or certified true copy of all class and flag certificates issued or notated during the duration of the charter upon their issuance or notation. Lessor shall keep all Thai, Bahamian (the "Country of Registry") and other required certificates valid, up-to-date and in full force at all times. Charterer shall maintain the following maintenance reports, records, surveys and documents: Planned Maintenance System, Continuous Survey of Machinery and such other reports, records, surveys and documents as Lessor shall reasonably specify in writing. Charterer SPC shall provide copies of such documents to Lessor upon Lessor's requestSTA as-built drawings for the Route. Lessor The drawings shall provide Charterer contain ROW detail, splice locations, manhole/handhole/overhead splice enclosure locations and Operator with all authorizations which Charterer may reasonably require in order to accomplish the actions required or permitted to Charterer under this Article 7STA fiber count detail. 7.2 Subject to Article 7.3, Charterer shall take immediate steps to have all necessary repairs done within a reasonable time. 7.3 Notwithstanding the terms of Articles 7.1 and 7.2, Major Repairs necessary to meet and maintain ABS requirements and the Design Basis shall be the responsibility of Lessor provided always that Charterer has not caused the need for such repairs as a result of Charterer's gross negligence or willful misconduct. "Major Repairs" shall mean all repairs to the FPSO other than: (a) repairs resulting from corrosion caused by a combination of carbon dioxide and water in the gas stream, and (b) repairs costing less than U.S. $100,000 per incident. Such Major Repairs shall be carried out by Lessor and Charterer shall provide all necessary assistance.

Maintenance and Operation. 7.1 Lessor 6.1 SUNESYS shall be solely responsible to maintain LICENSEE's Fiber Optic Facilities. LICENSEE shall cooperate with and assist SUNESYS, as reasonably may be required, in performing said maintenance. In the event of service outages or other maintenance request, SUNESYS agrees that to use best efforts to respond within two (2) hours of time of notice. 6.2 Notwithstanding anything to the FPSO shallcontrary contained herein, LICENSEE shall solely be responsible, at its own expense, for the duration construction, installation, operation, maintenance, repair and any other activity engaged by or on behalf of LICENSEE relating to all light communications transmission equipment and other terminal equipment and facilities required in connection with the use, electronics or signals of LICENSEE's Fiber Optic Facilities. 6.3 SUNESYS shall be responsible for all necessary splicing on the SUNESYS’ Fiber Optic Facilities. Where SUNESYS’ Fiber Optic Facilities connect to LICENSEE fiber optic cable, the associated Addendum will detail and describe the Parties splicing responsibilities. 6.4 Should LICENSEE perform, authorize, or contract any splices or other work not in accordance with the provisions of this Agreement (specifically article 6.1 stating SUNESYS must do the work), SUNESYS may at its option correct said condition. SUNESYS shall notify LICENSEE in writing prior to performing such work whenever practicable. However, when such conditions pose an immediate threat to the physical integrity of SUNESYS’ facilities, SUNESYS may perform such work and take such action that it deems necessary without first giving notice to LICENSEE. As soon as practicable thereafter, SUNESYS shall advise LICENSEE of the charter term, be in work performed and the full possession action taken and at the absolute disposal shall endeavor to arrange for re-accommodation of LICENSEE's Fiber Optic Facilities so affected. LICENSEE shall promptly reimburse SUNESYS for all purposes of Charterer reasonable costs incurred by SUNESYS for all such work, action and under re-accommodation performed by SUNESYS. 6.5 LICENSEE shall, at its complete control in every respect. Subject sole cost and expense, promptly respond to Article 7.3and remediate any Hazardous Discharge to and from SUNESYS’ Fiber System resulting from LICENSEE's operations. 6.6 SUNESYS shall be responsible for obtaining and maintaining from the appropriate public or private authority any pole attachment agreements, as necessary franchises, licenses, state, local or right-of-way permits or other authorizations required to meet enter upon the property where SUNESYS’ Fiber System is located and to operate and maintain requirements LICENSEE's Fiber Optic Facilities in SUNESYS’ Fiber System. LICENSEE will not engage in any activity which affects SUNESYS’ right-of-way interests without the written permission of SUNESYS. 6.7 LICENSEE, at its sole cost and expense, shall (i) use LICENSEE's Fiber Optic Facilities and (ii) conduct all work in or around SUNESYS’ Fiber System in a safe condition and in a manner reasonably acceptable to SUNESYS, so as not to physically, electronically or inductively conflict or interfere or otherwise adversely affect SUNESYS’ Fiber System or the facilities placed therein by SUNESYS, or other authorized LICENSEE’s of the American Bureau Fiber Optic Facilities. 6.8 LICENSEE must obtain prior written authorization, which such authorization shall not be unreasonably withheld, conditioned or delayed, from SUNESYS approving any further work and the party performing such work before LICENSEE shall perform any work in or around SUNESYS’ Fiber System. 6.9 In the event LICENSEE receives information that the Fiber Optic Facilities are damaged, it shall notify SUNESYS of Shipping said damage by phone at 000.000.0000. In the event SUNESYS receives information that LICENSEE's Fiber Optic Facilities are damaged, SUNESYS will notify LICENSEE of said damage by phone at: (000) 000-0000. In each case, the caller shall provide the following information: 1. Name of entity making report. 2. Location reporting problem. 3. Name of contact person reporting problem. 4. Description of the problem in as much detail as possible. 5. Time and date the problem occurred or began. 6. State whether or not the problem presents a jeopardy situation to SUNESYS’ Fiber System or LICENSEE's Fiber Optic Facilities. 6.10 SUNESYS shall designate the particular Strands of Dark Fiber that will constitute LICENSEE's Fiber Optic Facilities and the location and manner in which they will enter and exit SUNESYS’ Fiber System. This information shall be contained on the executed Addendum. 6.11 If SUNESYS moves, replaces or changes the location, alignment or grade of SUNESYS’ Fiber System ("ABSRelocation"), Charterer SUNESYS shall maintain concurrently relocate LICENSEE's Fiber Optic Facilities. If the FPSO in a good state Relocation is because of repair. In additionan event of Force Majeure or of any governmental or third party authority, Charterer including and taking by right of eminent domain, LICENSEE shall maintain the FPSO in efficient operating condition and in accordance with good commercial maintenance practice, and shall keep the FPSO with valid, unexpired classification reimburse SUNESYS for LICENSEE's proportionate share of the class as indicated in Article 2, free of recommendations and notations affecting class. Charterer shall furnish Lessor with one duplicate original or certified true copy of all class and flag certificates issued or notated during the duration costs of the charter upon their issuance or notationRelocation of SUNESYS’ Fiber System. Lessor shall keep all Thai, Bahamian (To the "Country extent SUNESYS receives reimbursement from a third party which is allocable to a Relocation of Registry") and other required certificates valid, up-to-date and in full force at all times. Charterer shall maintain the following maintenance reports, records, surveys and documents: Planned Maintenance SUNESYS’ Fiber System, Continuous Survey it will credit or reimburse LICENSEE for its proportionate share of Machinery and such other reportsthe reimbursement. If SUNESYS relocates SUNESYS’ Fiber System solely for its own benefit, records, surveys and documents as Lessor LICENSEE shall reasonably specify in writingnot be required to reimburse SUNESYS for the costs of the Relocation of SUNESYS’ Fiber System. Charterer shall provide copies of such documents to Lessor upon LessorLICENSEE's request. Lessor shall provide Charterer and Operator with all authorizations which Charterer may reasonably require in order to accomplish the actions required or permitted to Charterer under this Article 7. 7.2 Subject to Article 7.3, Charterer shall take immediate steps to have all necessary repairs done within a reasonable time. 7.3 Notwithstanding the terms of Articles 7.1 and 7.2, Major Repairs necessary to meet and maintain ABS requirements and the Design Basis proportionate share shall be the responsibility of Lessor provided always that Charterer has not caused the need for such repairs as a result of Charterer's gross negligence or willful misconduct. "Major Repairs" shall mean all repairs to the FPSO other thancombined calculation of: (a) repairs resulting from corrosion caused a fraction, the numerator of which shall be the number of conduits occupied by a combination the LICENSEE’s Fiber Optic Facilities and the denominator of carbon dioxide and water which shall be the total number of conduits in the gas streamaffected SUNESYS’ Fiber System, and (b) repairs costing less than U.S. $100,000 per incident. Such Major Repairs a fraction, the numerator of which shall be carried out by Lessor the number of Strands in LICENSEE's Fiber Optic Facilities and Charterer the denominator of which shall provide all necessary assistancebe the total number of Strands in the SUNESYS conduit containing the LICENSEE’s Fiber Optic Facilities.

Maintenance and Operation. 7.1 Lessor agrees that Tenant shall be solely responsible for ensuring (and Landlord shall have no responsibility for ensuring) the FPSO shallproper operation of Tenant’s Specialized Equipment in compliance with all Applicable Legal Requirements, for including without limitation the duration of the charter term, be in the full possession and at the absolute disposal for all purposes of Charterer and under its complete control in every respect. Subject to Article 7.3, as necessary to meet and maintain requirements of the American Bureau of Shipping ("ABS"), Charterer shall maintain the FPSO in a good state of repair. In addition, Charterer shall maintain the FPSO in efficient operating condition Section 9.3 and any Environmental Laws in accordance with good commercial maintenance practiceSection 9.4. Landlord shall reasonably cooperate with Tenant, at no cost or expense to Landlord, to address Tenant’s reasonable requests regarding any operational issues concerning Tenant’s Specialized Equipment in a manner consistent with comparable equipment usage in Comparable Mixed-Use Laboratory/Office Buildings. Tenant shall comply with all reasonable requirements from time to time imposed by Landlord in a uniform and shall keep nondiscriminatory manner with respect to Tenant’s Specialized Equipment installations and similar equipment installed by other tenants in accordance with the FPSO with valid, unexpired classification Rooftop Operating Standards. If Tenant’s Rooftop Equipment causes physical damage to the roof or the structural integrity of the class as indicated Building or interferes (in Article 2a manner inconsistent with the Rooftop Operating Standards) with other rooftop equipment from time to time installed on the roof, free of recommendations and notations affecting class. Charterer shall furnish Lessor or if any Tenant’s Specialized Equipment interferes (in a manner inconsistent with one duplicate original or certified true copy of all class and flag certificates issued or notated during the duration Rooftop Operating Standards) with any of the charter upon their issuance Building’s mechanical or notation. Lessor other systems or with the use or occupancy of any other portion or the Building or with the business operations of any other Building tenant or occupant, then Tenant shall keep all Thai, Bahamian within ten (10) business days (or immediately in the "Country case of Registry"emergency) after notice of a claim of damage or interference reasonably cooperate with Landlord to determine the source of the damage or interference and other required certificates valid, up-to-date and in full force at all times. Charterer shall maintain (to the following maintenance reports, records, surveys and documents: Planned Maintenance System, Continuous Survey extent such damage or interference arises from the failure of Machinery and such other reports, records, surveys and documents as Lessor shall reasonably specify in writing. Charterer shall provide copies of such documents Tenant’s Specialized Equipment to Lessor upon Lessor's request. Lessor shall provide Charterer and Operator comply with all authorizations which Charterer may reasonably require in order to accomplish the actions required or permitted to Charterer under this Article 7. 7.2 Subject to Article 7.3, Charterer shall take immediate steps to have all necessary repairs done within a reasonable time. 7.3 Notwithstanding the terms of Articles 7.1 this Section 11) to effect a prompt solution at Tenant’s expense. To the extent the rooftop equipment of any other tenant causes physical damage to, or interference (in a manner inconsistent with the Rooftop Operating Standards) with Tenant’s Specialized Equipment, Landlord will reasonably cooperate with Tenant to determine the source of the damage or interference and 7.2use commercially reasonable efforts, Major Repairs necessary in a manner consistent with Comparable Mixed-Use Laboratory/Office Buildings, to meet and maintain ABS requirements and the Design Basis shall be the responsibility of Lessor provided always that Charterer has not caused the need for such repairs as effect a result of Charterer's gross negligence or willful misconduct. "Major Repairs" shall mean all repairs prompt solution without cost to expense to Tenant (to the FPSO extent such damage or interference arises from the failure of such other than: (a) repairs resulting party’s installations to comply with the Rooftop Operating Standards and does not arise from corrosion caused by a combination the failure of carbon dioxide and water in Tenant’s Specialized Equipment to comply with the gas stream, and (b) repairs costing less than U.S. $100,000 per incident. Such Major Repairs shall be carried out by Lessor and Charterer shall provide all necessary assistance.terms of this

Maintenance and Operation. 7.1 Lessor 6.1 XXXX shall be solely responsible to maintain LICENSEE's Fiber Optic Facilities and the facilities providing the Telecommunications Services. LICENSEE shall cooperate with and assist XXXX, as reasonably may be required, in performing said maintenance. In the event of service outages or other maintenance request, XXXX agrees that to use best efforts to diagnose the FPSO shallissue within three (3) hours of time of notice and repair within six (6) hours of time of notice. 6.2 Notwithstanding anything to the contrary contained herein, LICENSEE shall solely be responsible, at its own expense, for the duration construction, installation, operation, maintenance, repair and any other activity engaged by or on behalf of LICENSEE relating to all light communications transmission equipment and other terminal equipment and facilities required in connection with the use, electronics or signals of LICENSEE's Fiber Optic Facilities.. 6.3 XXXX shall be responsible for all necessary splicing on the XXXX Fiber System. Where XXXX’X Fiber System connects to LICENSEE Fiber Optic Facilities, the associated Addendum will detail and describe the parties’ splicing responsibilities. 6.4 Should LICENSEE perform, authorize, or contract any splices or other work not in accordance with the provisions of this Agreement (specifically article 6.1 stating XXXX must do the work), XXXX may at its option correct said condition. XXXX shall notify LICENSEE in writing prior to performing such work whenever practicable. However, when such conditions pose an immediate threat to the physical integrity of XXXX’x facilities, XXXX may perform such work and take such action that it deems necessary without first giving notice to LICENSEE. As soon as practicable thereafter, XXXX shall advise LICENSEE of the charter term, be in work performed and the full possession action taken and at the absolute disposal shall endeavor to arrange for re-accommodation of LICENSEE's Fiber Optic Facilities so affected. LICENSEE shall promptly reimburse XXXX for all purposes of Charterer reasonable costs incurred by XXXX for all such work, action and under re-accommodation performed by XXXX. 6.5 LICENSEE shall, at its complete control in every respect. Subject sole cost and expense, promptly respond to Article 7.3and remediate any Hazardous Discharge to and from XXXX’x Fiber System resulting from LICENSEE's operations. 6.6 XXXX shall be responsible for obtaining and maintaining from the appropriate public or private authority any pole attachment agreements, as necessary franchises, licenses, state, local or right-of-way permits or other authorizations required to meet enter upon the property where XXXX’x Fiber System is located and to operate and maintain requirements LICENSEE's Fiber Optic Facilities and/or the Telecommunications Services in XXXX’x Fiber System. LICENSEE will not engage in any activity which affects XXXX’x right-of-way interests without the written permission of XXXX. 6.7 LICENSEE, at its sole cost and expense, shall (i) use LICENSEE's Fiber Optic Facilities and the American Bureau of Shipping Telecommunications Services and ("ABS"), Charterer shall maintain the FPSO ii) conduct all work in or around XXXX’x Fiber System in a good state of repair. In addition, Charterer shall maintain the FPSO in efficient operating safe condition and in accordance with good commercial maintenance practicea manner reasonably acceptable to XXXX, and shall keep so as not to physically, electronically or inductively conflict or interfere or otherwise adversely affect XXXX’x Fiber System or the FPSO with validfacilities placed therein by XXXX, unexpired classification or other authorized licensees of the class as indicated in Article 2, free of recommendations and notations affecting class. Charterer shall furnish Lessor with one duplicate original or certified true copy of all class and flag certificates issued or notated during the duration of the charter upon their issuance or notation. Lessor shall keep all Thai, Bahamian (the "Country of Registry") and other required certificates valid, up-to-date and in full force at all times. Charterer shall maintain the following maintenance reports, records, surveys and documents: Planned Maintenance System, Continuous Survey of Machinery and such other reports, records, surveys and documents as Lessor shall reasonably specify in writing. Charterer shall provide copies of such documents to Lessor upon Lessor's request. Lessor shall provide Charterer and Operator with all authorizations which Charterer may reasonably require in order to accomplish the actions required or permitted to Charterer under this Article 7Fiber Optic Facilities. 7.2 Subject to Article 7.36.8 LICENSEE must obtain prior written authorization, Charterer which such authorization shall take immediate steps to have all necessary repairs done within a reasonable timenot be unreasonably withheld, conditioned or delayed, from XXXX approving any further work and the Party performing such work before LICENSEE shall perform any work in or around the XXXX Fiber System. 7.3 Notwithstanding 6.9 In the terms event LICENSEE receives information that the Fiber Optic Facilities are damaged, it shall promptly notify XXXX of Articles 7.1 and 7.2, Major Repairs necessary to meet and maintain ABS requirements and said damage by phone at (000) 000-0000. In the Design Basis shall be the responsibility event XXXX receives information that LICENSEE’s Fiber Optic Facilities are damaged XXXX will promptly notify LICENSEE of Lessor provided always that Charterer has not caused the need for such repairs as a result of Charterer's gross negligence or willful misconduct. "Major Repairs" shall mean all repairs to the FPSO other than: (a) repairs resulting from corrosion caused said damage by a combination of carbon dioxide and water in the gas stream, and (b) repairs costing less than U.S. $100,000 per incident. Such Major Repairs shall be carried out by Lessor and Charterer shall provide all necessary assistance.phone at 000-000-0000