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9.2 Waiver Re�ardin� Dark Fiber Strands. WITH RESPECT TO THE DARK FIBER PROVIDED
<br /> TO LICENSOR UNDER SECTION 6 OF THIS AGREEMENT LICENSEE MAKES NO WARRANTIES OR
<br /> REPRESENTATIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, EITHER IN FACT OR BY
<br /> OPERATION OF LAW, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS,
<br /> FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE DARK FIBER. LICENSEE HAS NO CONTROL
<br /> OVER AND EXPRESSLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR THE
<br /> CONTENT OF ANY INFORMATION TRANSMITTED OR RECEIVED BY LICENSOR THROUGH THE DARK
<br /> FIBER PROVIDED TO LICENSOR PURSUANT TO SECTION 6 OF THIS AGREEMENT, SERVICE
<br /> INTERRUPTIONS ATTRIBUTABLE TO LICENSOR'S NETWORK, ANY LICENSOR EqUIPMENT FAILURES,
<br /> OR ANY OTHER SUCH CAUSES, AND LICENSOR USES SUCH DARK FIBER AT LICENSOR'S OWN RISK.
<br /> LICENSOR SHALL BE SOLELY RESPONSIBLE FOR THE SECURITY, CONFIDENTIALITY AND INTEGRITY OF
<br /> INFORMATION LICENSOR TRANSMITS OR RECEIVES USING SUCH DARK FIBER.
<br /> 9.3 No Special Damages. EXCEPT FOR (i) EACH PARTY'S THIRD-PARTY INDEMNIFICATION
<br /> OBLIGATIONS UNDER SECTION 7.1 ABOVE, AND (ii) CLAIMS ARISING FROM A PARTY'S INTENTIONAL
<br /> MISCONDUCT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY
<br /> INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
<br /> WHATSOEVER,ARISING OUT OF OR INCURRED IN CONNECTION WITH A PARTY'S PERFORMANCE OR
<br /> FAILURE TO PERFORM UNDER THIS AGREEMENT, INCLUDING, BY WAY OF EXAMPLE AND NOT BY
<br /> WAY OF LIMITATION, LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF ANTICIPATED
<br /> SAVINGS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA OR COST OF PURCHASING REPLACEMENT
<br /> SERVICES, EVEN IF THE OTHER PARTY HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE
<br /> POSSIBILITY OF SUCH SPECIAL DAMAGES.
<br /> ARTICLE 10—MISCELlANEOUS
<br /> 10.1 Entire A�reement. This Agreement constitutes the entire agreement of the Parties
<br /> pertaining to the subject matter of this Agreement and supersedes all prior agreements,
<br /> negotiations, proposals and representations, whether written or oral and all contemporaneous oral
<br /> agreements, negotiations, proposals, and representations concerning such subject matter. No
<br /> representations, understandings, agreements,or warranties,expressed or implied, have been made
<br /> or relied upon in the making of this Agreement other than those specifically set forth herein.
<br /> 10.2 Notices. All notices, requests, demands, if personally delivered or mailed, certified
<br /> mail, return receipt requested,to the following addresses:
<br /> For Licensor: City of Redwood City
<br /> 1017 Middlefield Road
<br /> Redwood City, CA 94063
<br /> For Licensee: Astound Broadband, LLC
<br /> 401 Parkplace Center, Suite 500
<br /> Kirkland, WA 98033
<br /> ATTN: Paul Koss
<br /> Email: pkoss@wavebroadband.com
<br /> ATTY/AGR/2015.149/ASTOUND CONDUIT ACCESS FOR SM COUNTY
<br /> REV:08-20-15 MLG
<br /> Page 9 of 12
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