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6.G. - Page 30 of 40 <br />investigation or legal defense costs are included in such general annual <br />aggregate limit, such general aggregate limit shall double the occurrence <br />or claims limits specified above. <br />viii. Should any of the required insurance be provided under a claims made <br />form, Licensee shall maintain such coverage continuously throughout the <br />term of this License and, without lapse, for a period of three (3) years <br />beyond the License expiration or termination, to the effect that should any <br />occurrences during the License term give rise to claims made after <br />expiration or termination of the License, such claims shall be covered by <br />such claims -made policies. <br />ix. Licensee's compliance with the provisions of this Section shall in no way <br />relieve or decrease Licensee's indemnification obligations under this <br />License or any of Licensee's other obligations hereunder. Notwithstanding <br />anything to the contrary in this License, this License shall terminate <br />immediately, without notice to Licensee, upon the lapse of any required <br />insurance coverage. Licensee shall be responsible, at its expense, for <br />separately insuring Licensee's personal property. <br />ARTICLE 8— NOTICE OF DEFAULT AND RIGHT TO CURE <br />In the event of any non-compliance with or default under this Agreement by either Party, prior to <br />exercising any remedy or terminating this Agreement, the non -defaulting Party shall provide written <br />notice to the other Party specifying with reasonable particularity the nature of any default and such <br />Party shall have a 30 day period to cure any such default (provided, that if the non-compliance at <br />issue is of a type that cannot reasonably be cured within said thirty (30) day time period, then the <br />non-compliant Party shall not be in default under this Agreement if such party commences cure <br />within said thirty (30) day time period and thereafter diligently pursues cure to completion). <br />ARTICLE 9 - NO WARRANTY/LIMITATION OF LIABILITY. <br />9.1 Waiver Regarding Licensed Conduit. THE LICENSED CONDUIT IS PROVIDED <br />HEREUNDER ON AN "AS IS WHERE IS BASIS" WITHOUT WARRANTY. LICENSOR MAKES NO <br />WARRANTY, EXPRESS OR IMPLIED WITH RESPECT TO THE LEASED CONDUIT, INCLUDING ANY <br />WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH <br />WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. LICENSOR SHALL NOT BE LIABLE TO LICENSEE <br />FOR ANY LOSS OR DAMAGE ARISING FROM LICENSEE'S USE OF THE LEASED CONDUIT PURSUANT TO <br />THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE LOSS OF OR INTERFERENCE WITH SERVICE <br />ARISING IN ANY MANNER OUT OF LICENSOR'S OPERATIONS, EXCEPT TO THE EXTENT ARISING OUT <br />OF OR RESULTING FROM THE GROSSLY NEGLIGENT ACTS OR OMISSIONS, OR WILLFUL MISCONDUCT <br />OF THE LICENSOR OR ITS EMPLOYEES OR CONTRACTORS. IN NO EVENT SHALL LICENSOR BE LIABLE <br />TO LICENSEE FOR ANY PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS <br />AGREEMENT, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS. <br />ATN/AGR/2015.149/ASTOUND CONDUIT ACCESS FOR SM COUNTY <br />REV: 08-20-15 MLG <br />Page 8 of 12 <br />154 <br />