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Portsmouth and the execution of a separate written agreement between the parties on terms and conditions satisfactory to the parties. Section 2.04 Chesapeake and Portsmouth shall execute a Maintenance Agreement for the ongoing monitoring, operations and maintenance of the exchanged Fiber, in substantially the form attached hereto as Exhibit I. Section 2.05 Chesapeake and Portsmouth shall execute a Completion Notice memorializing that all Fiber has been exchanged and is in operational condition, evidenced in Exhibit J. Section 2.06 All of the foregoing actions set forth in this Article (Exchange of Fiber) are collectively referred to herein as the "Exchange." Section 2.07 The Parties stipulate that the Exchange constitutes adequate and sufficient consideration. In the event of a default by a Party, the Parties agree that this Exchange shall be considered an even exchange with no other consideration, fees, or charges required to be paid by either Party with respect to such Exchange. ARTICLE III CHESAPEAKE GRANT TO PORTSMOUTH Section 3.01 Definitions. For the purposes of this Article, the following terms are defined: A. "Abandonment or Abandon" means where an Agreement is granted for fiber optic cabling facilities and installation of said fiber optic cabling facilities has commenced, and either installation work has ceased, or, after installation, the fiber optic cabling facilities are unused, for whatever reason, for a period of twelve (12) consecutive months then the fiber optic cabling facilities or any parts thereof shall be deemed to be abandoned. For the purposes of this definition, fiber optic cabling facilities shall not be considered unused merely because the fiber is dark and shall be considered in use if the facilities are connected to other fiber optic cabling facilities owned by the Portsmouth that are used. Should all of the fiber optic cabling facilities be determined to be abandoned then this Memorandum of Agreement shall automatically expire and become void. (i) The Chesapeake City Manager shall within thirty (30) days thereof, by certified mail, return receipt requested, notify Portsmouth of record of the fiber optic cabling facilities of the Chesapeake's intent to determine the fiber optic cabling facilities abandoned. Portsmouth shall have fifteen (15) days to respond to Chesapeake by demonstrating its intent and ability to fulfill its obligations and requirements of the Agreement. If Portsmouth demonstrates its intent and ability to fulfill its obligations and requirements of the Agreement, Chesapeake will not determine the fiber optic facilities abandoned.