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6.G. - Page 31 of 40
<br />9.2 Waiver Regarding 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 DATAOR COSTOF 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 Agreement. 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, orwarranties, 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
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