Common use of Liability and Damages Clause in Contracts

Liability and Damages. 14.1 Verizon shall exercise reasonable care to avoid damaging the Facilities of Licensee attached to Poles, or occupying Conduits or Rights of Way, under this Agreement, and shall make an immediate report to Licensee of the occurrence of any such damage caused by Verizon’s employees, agents or contractors. Verizon agrees to reimburse Licensee for all reasonable costs incurred by Licensee for the physical repair of damages to such Licensee's Facilities proximately caused by the negligence of Verizon; however, Verizon shall not be liable to Licensee for any loss of Licensee’s revenue or profits resulting from any interruption of Licensee's service caused by such damage or interference with the operation of Licensee's Facilities caused by such damage. 14.2 Licensee shall exercise reasonable care to avoid damaging the facilities of Verizon and of others attached to Poles, or occupying Conduits or Rights of Way and shall make an immediate report of damage to the owner of facilities so damaged. Licensee assumes all responsibility for any and all direct loss from damage caused by Licensee’s employees, agents or contractors; however, Licensee shall not be liable to Verizon for any loss of Verizon’s revenue or profits resulting from any interruption of Verizon's service caused by such damage or interference with the operation of Verizon's Facilities caused by such damage. 14.3 Licensee shall indemnify, protect and save harmless Verizon from and against any and all claims, demands, causes of actions and costs, including attorneys’ fees, for damages to property and injury or death to Licensee’s employees or other persons, including but not limited to, payments under any Workers Compensation law or under any plan for employee’s disability and death benefits, which may arise out of or be caused by the erection, maintenance, presence, use or removal of Licensee’s Facilities or by their proximity the Facilities of all parties attached to a Pole or placed in the Conduit or Rights Of Way, or by any act or omission of the Licensee’s employees, agents or contractors on or in the vicinity of Verizon’s Poles, Conduits or Rights of Way. The foregoing indemnity, hold harmless and defense provisions shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Licensor. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Licensor is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licensee. 14.4 The Licensee shall indemnify, protect and save harmless Verizon from any and all claims, demands, causes of action and costs, including attorneys’ fees, which arise directly or indirectly from the construction, attachment or operation of Licensee’s Facilities on Verizon’s Poles, Conduits or Rights of Way, including but not limited to damages, costs and expense of relocating Poles or Conduits due to the loss of right-of-way or property owner consents, taxes, special charges by others, claims and demands for damages or loss from infringement of copyright, for libel and slander, for unauthorized use of television or radio broadcast programs and other program material, and from and against all claims, demands and costs, including attorneys’ fees, for infringement of patents with respect to the manufacture, use and operation of Licensee’s Facilities in combination with Poles, Conduits, Rights of Way or otherwise. The foregoing indemnity shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Verizon. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct, or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Verizon is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licensee. 14.5 Verizon and Licensee shall promptly advise each other of all claims relating to damage to property or injury to or death of persons, arising or alleged to have arisen in any manner by the erection, maintenance, repair, replacement, presence, use or removal of Facilities governed by this License Agreement. Copies of all accident reports and statements made to a Party’s insurer by the other Party or affected entity shall be furnished promptly to the insured Party. 14.6 Unless expressly provided for otherwise herein, neither Party shall be liable to the other for any special, consequential or other indirect damages arising under this Agreement. 14.7 The provision of this Article shall survive the expiration or earlier termination of this Agreement or any license issued thereunder.

Liability and Damages. 14.1 Verizon 1. The Licensor reserves to itself, its successors and assigns, the right to relocate and maintain its poles and anchors and to operate its facilities in conjunction therewith in such a manner as will best enable it to fulfill its own service requirements. The Licensor shall exercise reasonable care to avoid damaging the Facilities of Licensee attached to Poles, or occupying Conduits or Rights of Way, under this Agreement, and shall make an immediate report be liable to Licensee of only for and to the occurrence extent of any such damage caused by Verizon’s employees, agents or contractors. Verizon agrees to reimburse Licensee for all reasonable costs incurred by Licensee for the physical repair of damages to such Licensee's Facilities proximately caused by the negligence of Verizon; however, Verizon the Licensor’s agents or employees to Licensee’s facilities attached to a utility pole or anchor. The Licensor shall not be liable to Licensee for any loss interruption of Licensee’s revenue service or profits resulting from any interruption of Licensee's service caused by such damage or for interference with the operation of Licensee's Facilities caused by such damage’s facilities arising in any manner out of Licensee’s use of utility poles or anchors. 14.2 Licensee shall exercise reasonable care to avoid damaging the facilities of Verizon and of others attached to Poles, or occupying Conduits or Rights of Way and shall make an immediate report of damage to the owner of facilities so damaged2. Licensee assumes all responsibility for any and all direct loss from damage caused by Licensee’s employees, agents or contractors; however, Licensee shall not be liable to Verizon for any loss of Verizon’s revenue or profits resulting from any interruption of Verizon's service caused by such damage or interference with the operation of Verizon's Facilities caused by such damage. 14.3 Licensee shall indemnify, protect and save harmless Verizon the Licensor from and against any and all claims, demands, causes of actions action and costs, including attorneys’ fees, for damages to property and injury or death to Licensee’s employees or other persons, including but not limited to, payments made under any Workers Worker’s Compensation law Law or under any plan for employee’s employees’ disability and death benefits, which may arise out of or be caused by the erection, maintenance, repair, replacement, presence, use or removal of Licensee’s Facilities facilities or by their proximity to the Facilities facilities of all parties attached to a Pole utility poles or placed in the Conduit or Rights Of Wayanchors, or by any act or omission of the Licensee’s employees, agents or contractors on or in the vicinity of Verizon’s Poles, Conduits or Rights of Way. The foregoing indemnity, hold harmless and defense provisions shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Licensor. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Licensor is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licenseecontractors. 14.4 The 3. Licensee shall indemnify, protect and save harmless Verizon the Licensor from any and all damages, cost and expenses imposed on the Licensor as a result of the presence of the Attachment on the pole and/or acts by the Licensee, its employees, or its agents or contractors, including but not limited to damages, costs and expense of relocating utility poles or anchors resulting from loss of right-of-way or property owner consents and/or the costs and expense of defending these rights. 4. Licensee shall indemnify, protect and save harmless the Licensor from any and all claims, demands, causes of action demands and costs, including attorneys’ fees, which arise directly or indirectly from the construction, attachment or operation of Licensee’s Facilities on Verizon’s Poles, Conduits or Rights of Wayfacilities, including but not limited to damages, costs and expense of relocating Poles or Conduits due to the loss of right-of-way or property owner consents, taxes, special charges by others, claims and demands for damages or loss from for infringement of copyright, for libel and slander, for unauthorized use of television or radio broadcast programs programs, and for unauthorized use of other program material, and from and against all claims, demands and costs, including attorneys’ fees, for infringement of patents with respect to the manufacture, use and operation of Licensee’s Facilities facilities in combination with Polesutility poles, Conduits, Rights of Way anchors or otherwise. 5. Should the Licensor remove Licensee’s facilities from a utility pole and/or anchors under Article VII, the Licensor will deliver to the Licensee the facilities so removed upon payment by Licensee of the cost of removal, storage and delivery, and all other amounts due the Licensor. The foregoing indemnity Licensor shall have a lien on Licensee’s facilities attached to utility poles and/or anchors or removed therefrom, with power of public or private sale, to cover any amounts due the Licensor. Such liens shall not apply operate to prevent the Licensor from pursuing, at its option, any other remedy in the case of claimslaw, which solely arise from the negligence, misconduct equity or other fault of Verizon. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct, or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Verizon is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licenseeotherwise. 14.5 Verizon and Licensee shall promptly advise each other of all claims relating to damage to property or injury to or death of persons, arising or alleged to have arisen in any manner by the erection, maintenance, repair, replacement, presence, use or removal of Facilities governed by this License Agreement. Copies of all accident reports and statements made to a Party’s insurer by the other Party or affected entity shall be furnished promptly to the insured Party. 14.6 Unless expressly provided for otherwise herein, neither Party shall be liable to the other for any special, consequential or other indirect damages arising under this Agreement. 14.7 The provision of this Article shall survive the expiration or earlier termination of this Agreement or any license issued thereunder.

Liability and Damages. 14.1 Verizon shall exercise reasonable care A. Licensor reserves to avoid damaging itself, its successors and assigns, the Facilities of Licensee attached right to Poles, or occupying Conduits or Rights of Way, under this Agreement, locate and shall make an immediate report maintain its poles and conduit system and to Licensee of the occurrence of any operate its facilities in conjunction therewith in such damage caused by Verizon’s employees, agents or contractorsa manner as will best enable it to fulfill its own service requirements. Verizon agrees to reimburse Licensee for all reasonable costs incurred by Licensee for the physical repair of damages to such Licensee's Facilities proximately caused by the negligence of Verizon; however, Verizon Licensor shall not be liable to Licensee for any loss of Licensee’s revenue or profits resulting from any interruption of Licensee's service caused by such damage or for interference with the operation of Licensee's Facilities caused by such damage. 14.2 communications facilities, or for any special, indirect, or consequential damages arising in any manner, including Licensor's negligence, out of the use of Licensor's pole or conduit systems or Licensor's actions or omissions in regard thereto and Licensee shall exercise reasonable care to avoid damaging the facilities of Verizon and of others attached to Poles, or occupying Conduits or Rights of Way and shall make an immediate report of damage to the owner of facilities so damaged. Licensee assumes all responsibility for any and all direct loss from damage caused by Licensee’s employees, agents or contractors; however, Licensee shall not be liable to Verizon for any loss of Verizon’s revenue or profits resulting from any interruption of Verizon's service caused by such damage or interference with the operation of Verizon's Facilities caused by such damage. 14.3 Licensee shall indemnify, protect indemnify and save harmless Verizon Licensor from and against any and all claims, demands, causes of actions action, costs and costsattorneys fees of whatever kind resulting therefrom. Licensor shall exercise precaution to avoid damaging the communications facilities of the Licensee; make an immediate report to the Licensee of the occurrence of any such damage caused by Licensor's employees, agents or contracts and agrees to reimburse the Licensee for all costs incurred by the Licensee to repair such damaged facilities. B. Licensee shall exercise precaution to avoid damaging the facilities of Licensor and of others attached to Licensors pole or placed in Licensor's conduit system, and Licensee assumes all responsibility for any and all loss from such damage caused by Licensee's employees, agents or contractors. Licensee shall make an immediate report to Licensor and any others attached to Licensor's poles or conduit system occupant of the occurrence of any such damage and agrees to reimburse the respective parties for all costs incurred in making repairs. C. Licensee shall indemnify, protect and save harmless Licensor from and against any and all claims, demands, causes of action and costs (including attorneys’ attorney fees, ) for damages to property and injury or death to Licensee’s employees or other persons, including but not limited to, payments made under any Workers Xxxxxxx'x Compensation law Law or under any plan for employee’s 's disability and death benefits, which may arise out of or be caused by the erection, maintenance, presence, use or of removal of Licensee’s Facilities 's communications facilities or by their proximity to the Facilities facilities of all the parties attached to a Pole Licensors poles or placed in the Conduit or Rights Of WayLicensors conduit system, or by any act or omission of the Licensee’s 's employees, agents or contractors on or in the vicinity of Verizon’s Poles, Conduits Licensor's poles or Rights of Way. The foregoing indemnity, hold harmless and defense provisions shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Licensor. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Licensor is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licenseeconduit system. 14.4 The Licensee D. Licensees shall indemnify, protect and save harmless Verizon Licensor from any and all claims, demands, causes of action and costsaction, costs (including attorneys’ attorney fees, ) of whatever kind which arise directly or indirectly from the construction, attachment or construction and operation of Licensee’s Facilities on Verizon’s Poles, Conduits or Rights of Way's communications facilities, including but not limited to damages, costs and expense of relocating Poles or Conduits due to the loss of right-of-way or property owner consents, taxes, special charges by others, claims and demands for damages or loss from for infringement of copyright, for libel and slander, for unauthorized use of to television or radio broadcast programs and other program material, and from and against all claims, claims and demands and costs, including attorneys’ fees, for infringement of patents with respect to the manufacture, use and operation of Licensee’s Facilities 's communications facilities in combination with PolesLicensor's poles, Conduits, Rights of Way conduit system or otherwise. The foregoing indemnity shall not apply . E. In the event Licensor is named as a party in any legal or quasi legal proceeding wherein Licensee's occupation of property is disputed or challenged, Licensee agrees to reimburse Licensor its full cost of participation therein including attorney's fees. F. In those circumstances where a property owner demands that Licensor relocate facilities located on property and such demand for relocation is precipitated, in whole or in part, by the case of claims, which solely arise from the negligence, misconduct or other fault of Verizon. It shall apply, however, if a claim is the result activities of the joint negligenceLicensee on the owner's property or by the attachment of Licensee's communication facilities to the Licensor's poles or placement of Licensee's communication facilities in Licensee's conduit (or trench system), joint misconductand Licensor, or joint fault of in ------------------ response to such demand, relocates such facilities to avoid the owners property, Licensee and Verizon, but in such case shall pay the amount of the claim for which Verizon is entitled to indemnification shall be limited to that portion Licensor's costs of such claim attributable to the negligence, misconduct or other fault of Licenseerelocation. 14.5 Verizon and Licensee shall promptly advise each other of all claims relating to damage to property or injury to or death of persons, arising or alleged to have arisen in any manner by the erection, maintenance, repair, replacement, presence, use or removal of Facilities governed by this License Agreement. Copies of all accident reports and statements made to a Party’s insurer by the other Party or affected entity shall be furnished promptly to the insured Party. 14.6 Unless expressly provided for otherwise herein, neither Party shall be liable to the other for any special, consequential or other indirect damages arising under this Agreement. 14.7 The provision of this Article shall survive the expiration or earlier termination of this Agreement or any license issued thereunder.

Liability and Damages. 14.1 Verizon shall exercise reasonable care (a) Licensor reserves to avoid damaging itself, its successors and assigns, the Facilities of Licensee attached right to Poles, or occupying Conduits or Rights of Way, under this Agreement, maintain its poles and shall make an immediate report anchors and to Licensee of the occurrence of any operate its facilities thereon in such damage caused by Verizon’s employees, agents or contractorsmanner as will best enable it to fulfill its own service requirements. Verizon agrees to reimburse Licensee for all reasonable costs incurred by Licensee for the physical repair of damages to such Licensee's Facilities proximately caused by the negligence of Verizon; however, Verizon Licensor shall not be liable to Licensee for any loss of Licensee’s revenue or profits resulting from any interruption of Licensee's service caused by such damage of Licensee or for interference with the operation of Licenseethe cables, equipment and facilities of Licensee arising in any manner, except from Licensor's Facilities caused by such damagesole negligence, out of the use of Licensor's poles and anchors. 14.2 (b) Licensee shall exercise reasonable care special precautions to avoid damaging the cables, equipment and facilities of Verizon Licensor and of others attached to Poles, or other occupying Conduits or Rights of Way Licensor's poles and shall make an immediate report of damage to the owner of facilities so damaged. anchors and Licensee hereby assumes all responsibility for any and all direct loss from damage caused by Licensee’s employees, agents or contractors; however, for such damage. Licensee shall not be liable make an immediate report to Verizon for Licensor of the occurrence of any loss of Verizon’s revenue or profits resulting from any interruption of Verizon's service caused by such damage or interference with and hereby agrees to reimburse the operation of Verizon's Facilities caused by such damagerespective owners for the expense incurred in making repairs. 14.3 (c) Licensee shall indemnify, protect and save harmless Verizon Licensor from and against any and all claims, demands, causes of actions claims and costs, including attorneys’ fees, demands for damages to property and injury to or death to Licensee’s employees or other of persons, including but not limited to, payments made under any Workers Workmen's Compensation law Law or under any plan for employee’s fro employees' disability and death benefits, which may arise out of or be caused by the erection, maintenance, presence, use or removal of Licensee’s Facilities 's cable, equipment and facilities or by their the proximity of the Facilities cables, equipment and facilities of all parties attached the Licensee to a Pole those of Licensor or placed in the Conduit or Rights Of Wayits other Licensees, or by any act or omission of the Licensee’s employees, agents or contractors Licensee on or in the vicinity of Verizon’s PolesLicensor's poles and anchors; or Licensee's breach of any part of this Agreement, Conduits regardless of whether or Rights not any such damage to property or injury to or death of Waypersons results from Licensee's negligence. The foregoing indemnity, hold harmless and defense provisions shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Licensor. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Licensor is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licensee. 14.4 The Licensee shall also indemnify, protect and save harmless Verizon Licensor from any and all claims, demands, causes claims and demands of action and costs, including attorneys’ fees, whatever kind which arise directly or indirectly from the construction, attachment or operation opera- 12 tion of Licensee’s Facilities on Verizon’s Poles, Conduits or Rights of Way, 's facilities including but not limited to damages, costs and expense of relocating Poles or Conduits due to the loss of right-of-way or property owner consents, taxes, special charges by others, claims and demands for damages or loss from for infringement of copyright, for libel and slander, for unauthorized use of television or radio broadcast programs programs, and for unauthorized use of other program material, and from and against all claims, claims and demands and costs, including attorneys’ fees, for infringement of patents with respect to the manufacture, use and operation of Licensee’s Facilities 's equipment whether arising from the use of Licensee's equipment in combination with PolesLicensor's poles, Conduits, Rights of Way anchors or otherwise. (d) Licensee shall carry insurance to protect the parties hereto as named insured from and against any and all claims, demands, actions, judgments, costs, expenses and liabilities of every kind and nature which may arise or result, directly or indirectly, from or by reason of any loss, injury or damage described in (c) above. The foregoing indemnity shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Verizon. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct, or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Verizon is entitled to indemnification shall be limited to that portion amounts of such claim attributable to the negligence, misconduct or other fault of Licensee. 14.5 Verizon and Licensee shall promptly advise each other of all claims relating insurance against liability due to damage to property or shall be no less than Two Hundred and Fifty Thousand Dollars ($250,000.00) as to any one accident and $250,000.00 aggregate and against liability due to injury to or death of persons, arising or alleged persons no less than Two Hundred and Fifty Thousand Dollars ($250,000.00) as to have arisen any one person and Five Hundred Thousand Dollars ($500,000.00) as to any one accident. Licensee shall also carry such insurance as will protect it from all claims under any Workmen's Compensation Laws in any manner by effect that may be applicable to it. All insurance required shall remain in force for the erection, maintenance, repair, replacement, presence, use or removal of Facilities governed by this License Agreement. Copies of all accident reports and statements made to a Party’s insurer by the other Party or affected entity shall be furnished promptly to the insured Party. 14.6 Unless expressly provided for otherwise herein, neither Party shall be liable to the other for any special, consequential or other indirect damages arising under this Agreement. 14.7 The provision of this Article shall survive the expiration or earlier termination entire life of this Agreement and the company or companies issuing such insurance shall be approved by Licensor. The taking out of such insurance shall not relieve or limit Licensee from its liability to Licensor under this Agreement but shall only be added security. Licensee shall submit to Licensor certificates by each company insuring Licensee to the effect that it has insured Licensee for all liability of Licensee under this Agreement and that it will not cancel or change any license policy of insurance issued thereunder.to Licensee except after thirty (30) days' notice to Licensor. 13

Liability and Damages. 14.1 Verizon 1. Licensor reserves to itself, its successors and assigns, the right to relocate and maintain its conduit system and to operate its facilities in conjunction therewith in such a manner as will best enable it to fulfill its own service requirements. The Licensor shall exercise reasonable care to avoid damaging the Facilities of Licensee attached to Poles, or occupying Conduits or Rights of Way, under this Agreement, and shall make an immediate report be liable to Licensee of only for and to the occurrence extent of any such damage caused by Verizon’s employees, agents or contractors. Verizon agrees to reimburse Licensee for all reasonable costs incurred by Licensee for the physical repair of damages to such Licensee's Facilities proximately caused by the negligence of Verizon; however, Verizon the Licensor’s agents or employees to Licensee’s facilities occupying Licensor’s conduit system. The Licensor shall not be liable to Licensee for any loss interruption of Licensee’s revenue service or profits resulting from any interruption of Licensee's service caused by such damage or for interference with the operation of Licensee's Facilities caused by such damage’s facilities arising in any manner out of Licensee’s use of Licensor’s conduit system. 14.2 Licensee shall exercise reasonable care to avoid damaging the facilities of Verizon and of others attached to Poles, or occupying Conduits or Rights of Way and shall make an immediate report of damage to the owner of facilities so damaged2. Licensee assumes all responsibility for any and all direct loss from damage caused by Licensee’s employees, agents or contractors; however, Licensee shall not be liable to Verizon for any loss of Verizon’s revenue or profits resulting from any interruption of Verizon's service caused by such damage or interference with the operation of Verizon's Facilities caused by such damage. 14.3 Licensee shall indemnify, protect and save harmless Verizon the Licensor from and against any and all claims, demands, causes of actions and costs, including attorneys’ fees, for damages to property and injury or death to Licensee’s employees or other persons, including but not limited to, payments under any Workers Compensation law or under any plan for employee’s disability and death benefits, which may arise out of or be caused by the erection, maintenance, presence, use or removal of Licensee’s Facilities or by their proximity the Facilities of all parties attached to a Pole or placed in the Conduit or Rights Of Way, or by any act or omission of the Licensee’s employees, agents or contractors on or in the vicinity of Verizon’s Poles, Conduits or Rights of Way. The foregoing indemnity, hold harmless and defense provisions shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Licensor. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Licensor is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licensee. 14.4 The Licensee shall indemnify, protect and save harmless Verizon from any and all claims, demands, causes of action and costs, including attorneys’ fees, for damages to property and injury or death to persons, including payments made under any Worker’s Compensation Law or under any plan for employees’ disability and death benefits, which may arise directly out of or indirectly from be caused by the constructioninstallation, attachment maintenance, repair, replacement, presence, use or operation removal of Licensee’s Facilities facilities or by their proximity to the facilities of all parties occupying Licensor’s conduit system or by any act of omission of Licensee’s employees, agents or contractors. 3. Licensee shall indemnify, protect and save harmless the Licensor from any and all damages, cost, and expenses imposed on Verizon’s Polesthe Licensor as a result of the presence of the occupancy in the conduit system and/or acts by the Licensee, Conduits its employees, or Rights of Wayits agents or contractors, including but not limited to damages, costs and expense of relocating Poles or Conduits due to the conduit systems resulting from loss of right-of-way or property owner consentsconsents and/or the costs and expense of defending these rights. 4. Licensee shall indemnify, protect and save harmless the Licensor from any and all claims, demands, and costs, including attorneys’ fees, which arise directly or indirectly from the operation of Licensee’s facilities, including taxes, special charges by others, claims and demands for damages or loss from infringement of copyright, for libel and slander, for unauthorized use of television or radio broadcast programs programs, and for unauthorized use of other program material, and from and against all claims, demands and costscost, including attorneys’ fees, for infringement of patents with respect to the manufacture, use and operation of Licensee’s Facilities facilities in combination with Poles, Conduits, Rights of Way the utility’s conduit system or otherwise. 5. Should the Licensor remove Licensee’s facilities from the Licensor’s conduit system under Article VII, the Licensor will deliver to the Licensee the facilities so removed upon payment by Licensee of the cost of removal, storage and delivery, and all other amounts due the Licensor. The foregoing indemnity Licensor shall have a lien on Licensee’s facilities removed from Licensor‘s conduit systems, with power of public or private sale, to cover any amounts due the Licensor. such liens shall not apply operate to prevent the Licensor from pursuing, at is option, any other remedy in the case of claimslaw, which solely arise from the negligence, misconduct equity or other fault of Verizon. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct, or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Verizon is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licenseeotherwise. 14.5 Verizon and Licensee shall promptly advise each other of all claims relating to damage to property or injury to or death of persons, arising or alleged to have arisen in any manner by the erection, maintenance, repair, replacement, presence, use or removal of Facilities governed by this License Agreement. Copies of all accident reports and statements made to a Party’s insurer by the other Party or affected entity shall be furnished promptly to the insured Party. 14.6 Unless expressly provided for otherwise herein, neither Party shall be liable to the other for any special, consequential or other indirect damages arising under this Agreement. 14.7 The provision of this Article shall survive the expiration or earlier termination of this Agreement or any license issued thereunder.

Liability and Damages. 14.1 Verizon 13.1 Licensor reserves to itself, its successors and assigns, the right to locate and maintain its poles and to operate its facilities in conjunction therewith in such a manner as will best enable it to fulfill its own service requirements. To the full extent provided by law, Licensor shall not be liable to the Town for any interruption of the Town’s streetlight service or for interference with the operation of the Town’s Facilities arising in any manner, except to the extent caused by: a) Licensor’s breach of this License Agreement; b) Licensor's negligence; or c) due to Licensor’s failure to properly perform maintenance of the Town’s Facilities, when the Licensor is hired to perform such maintenance. 13.2 The Town shall exercise reasonable care precaution to avoid damaging the Facilities facilities of Licensee Licensor and of others attached to PolesLicensor's poles. The Town shall be liable for any damages it causes to the facilities of Licensor and assumes all responsibility for any and all loss from such damage caused by the Town’s employees, agents or occupying Conduits or Rights of Waycontractors, under this Agreement, and other than the Licensor. The Town shall make an immediate report to Licensee Licensor and any other Joint User of the occurrence of any such damage caused by Verizon’s employees, agents or contractors. Verizon and agrees to reimburse Licensee the respective parties for all reasonable costs incurred by Licensee for the physical repair of damages to such Licensee's Facilities proximately in making repairs. 13.3 Except as may be caused by the negligence of Verizon; however, Verizon shall not be liable to Licensee for any loss of Licensee’s revenue or profits resulting from any interruption of Licensee's service caused by such damage or interference with the operation of Licensee's Facilities caused by such damage. 14.2 Licensee shall exercise reasonable care to avoid damaging the facilities of Verizon and of others attached to PolesLicensor, or occupying Conduits either of them, or Rights by breach of Way and the Licensor’s obligations under this License Agreement, or by breach of any agreement with Licensor to maintain or repair the Town’s Facilities or any relevant portion thereof, the Town shall make an immediate report of damage to the owner full extent allowed by law, defend, indemnify and save harmless Licensor, or either of facilities so damaged. Licensee assumes all responsibility for them, against and from any and all direct loss from damage caused by Licensee’s employeesliabilities, agents or contractors; however, Licensee shall not be liable to Verizon for any loss of Verizon’s revenue or profits resulting from any interruption of Verizon's service caused by such damage or interference with the operation of Verizon's Facilities caused by such damage. 14.3 Licensee shall indemnify, protect and save harmless Verizon from and against any and all claims, demandssuits, causes fines, penalties, damages, losses, fees, costs and expenses arising from or in connection with any of actions and costs, the Town’s obligations under this License Agreement (including reasonable attorneys’ fees) including, for damages to property and injury or death to Licensee’s employees or other persons, including but not limited to, those which may be imposed upon, incurred by or asserted against Licensor, or either of them by reason of: a) any work or thing done upon the poles licensed hereunder or any part thereof performed by the Town or any of its agents, contractors, servants, or employees, other than Licensor; b) any use, occupation, condition, or operation of said poles or any part thereof by the Town or any of its agents, contractors, servants, or employees, other than Licensor, to the extent that any harm, injury, or damages are proximately caused by the Town or its agents, contractors, servants or employees; c) any act or omission on the part of the Town or any of its agents, contractors, servants, or employees, except Licensor itself, for which Licensor may be found liable; d) any accident, injury (including but not limited to death) or damage to any person or property occurring upon said poles or any part thereof, arising out of any use of the pole by the Town or any of its agents, contractors, servants, or employees; e) any failure on the part of the Town to perform or comply with any of the covenants, agreements, terms or conditions contained in this License Agreement; f) payments made under any Workers Workers' Compensation law Law or under any plan for employee’s employees disability and death benefits, which may arise benefits arising out of any use of the poles by the Town or be caused by any of its agents, contractors, servants, employees, or by; g) the erection, maintenance, presence, use use, occupancy or removal of Licensee’s the Town's Facilities by the Town or any of its agents, contractors, servants or employees or by their proximity to the Facilities facilities of all other parties attached to a Pole or placed in Licensor's poles. 13.4 The Licensor shall to the Conduit or Rights Of Wayfull extent allowed by law indemnify, save harmless and defend the Town from any and all claims and demands of whatever kind which are caused by Licensor’s negligent maintenance of the Town’s Facilities, or by any act or omission breach of the Licensee’s employees, agents or contractors on or in the vicinity of Verizon’s Poles, Conduits or Rights of Way. The foregoing indemnity, hold harmless and defense provisions shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Licensor. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Licensor is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licensee. 14.4 The Licensee shall indemnify, protect and save harmless Verizon from any and all claims, demands, causes of action and costs, including attorneys’ fees, which arise directly or indirectly from the construction, attachment or operation of Licensee’s Facilities on Verizon’s Poles, Conduits or Rights of Way, including but not limited to damages, costs and expense of relocating Poles or Conduits due to the loss of right-of-way or property owner consents, taxes, special charges by others, claims and demands for damages or loss from infringement of copyright, for libel and slander, for unauthorized use of television or radio broadcast programs and other program material, and from and against all claims, demands and costs, including attorneys’ fees, for infringement of patents with respect to the manufacture, use and operation of Licensee’s Facilities in combination with Poles, Conduits, Rights of Way or otherwise. The foregoing indemnity shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Verizon. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct, or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Verizon is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licensee. 14.5 Verizon and Licensee shall promptly advise each other of all claims relating to damage to property or injury to or death of persons, arising or alleged to have arisen in any manner by the erection, maintenance, repair, replacement, presence, use or removal of Facilities governed by obligations under this License Agreement. Copies of . 13.5 The Town shall require all accident reports and statements made contractors performing work for or on the Town’s Facilities to a Party’s insurer by the other Party or affected entity shall be furnished promptly agree to the insured Partyliability, indemnification, and damages provisions in this Article 13.0 for the benefit of Licensor. 14.6 Unless expressly provided for otherwise herein, neither Party shall be liable 13.6 Both the Town and the Licensor hereby waive any rights to recover from the other for any specialpunitive, exemplary or consequential or other indirect damages arising out of a breach of obligations under this License Agreement. 14.7 13.7 The provision provisions of this Article shall survive the expiration or earlier termination of this License Agreement or any license issued thereunder.

Liability and Damages. 14.1 Verizon A) Licensor shall exercise reasonable care precaution to avoid damaging the Facilities communications facilities of the Licensee attached to Poles, or occupying Conduits or Rights of Way, under this Agreement, and shall make an immediate report to the Licensee of the occurrence of any such damage caused by Verizon’s its employees, agents or contractors. Verizon Licensor agrees to reimburse the Licensee for all reasonable costs incurred by the Licensee for the physical repair of damages to such Licensee's Facilities proximately caused facilities damaged by the negligence of Verizon; howeverLicensor, Verizon its employees, agents, contractors, subcontractors or invitees. However, Licensor shall not be liable to Licensee for any loss of Licensee’s revenue or profits resulting from any interruption of Licensee's service caused by such damage or for interference with the operation of Licensee's Facilities caused by Communications Facilities, or for any special, indirect, or consequential damages arising in any manner, including Licensor's negligence, out of the use of Pole(s), Anchor(s), or Conduit Systems or Licensor's actions or omissions in regard thereto and Licensee shall indemnify and save harmless Licensor from and against any and all claims, demands, causes of action, costs and reasonable attorneys' fees with respect to such damagespecial, indirect or consequential damages. 14.2 B) Licensee shall exercise reasonable care precaution to avoid damaging the facilities of Verizon Licensor and of others attached to PolesPole(s), Anchor(s), or occupying Conduits or Rights of Way a Conduit System and shall make an immediate report of damage to the owner Owner of facilities so damaged. Licensee assumes all responsibility for the occurrence of any and all direct loss from such damage caused by Licensee’s 's employees, agents or contractors; however, . Licensee shall not be liable agrees to Verizon reimburse the Licensor for any loss all reasonable costs incurred by the Licensor for the physical repair of Verizon’s revenue or profits resulting from any interruption such facilities damaged by the negligence of Verizon's service caused by such damage or interference with the operation of Verizon's Facilities caused by such damageLicensee. 14.3 C) Licensee shall indemnify, protect and save harmless Verizon the Licensor, its directors, officers, employees and agents, Licensor's other licensees, and Joint User(s) from and against any and all claims, demands, causes of action, damages and costs, including reasonable attorney's fees through appeals incurred by the Licensor, the Licensor's other licensees and Joint User(s) as a result of acts by the Licensee, its employees, agents or contractors, including but not limited to the cost of relocating Pole(s), Anchor(s), Guy(s), or Conduit System resulting from a loss of right-of-way or property owner consents and/or the cost of defending those rights and/or consents. D) The Licensee shall indemnify, protect and save harmless the Licensor, its directors, officers, employees and agents, Licensor's other licensees, and Joint User(s) from and against any and all claims, demands, causes of actions and costs, including attorneys’ reasonable attorney's fees, through appeals for damages to property and injury or death to Licensee’s employees or other persons, including but not limited to, to payments under any Workers Worker's Compensation law Law or under any plan for employee’s 's disability and death benefits, which may arise caused by, arising from, incident to, connected with or growing out of or be caused by the erection, rearrangement, maintenance, presence, use or removal of Licensee’s Facilities 's facilities, or by their proximity to the Facilities facilities of all parties attached to a Pole Pole, Anchor and/or Guy, or placed in the a Conduit or Rights Of WaySystem, or by any act or omission of the Licensee’s 's employees, agents or contractors on or in the vicinity of Verizon’s Polesthe Licensor's Pole(s), Conduits Anchor(s), Guy(s), or Rights of Way. The foregoing indemnity, hold harmless and defense provisions shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Licensor. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Licensor is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of LicenseeConduit System. 14.4 E) The Licensee shall indemnify, protect and save harmless Verizon the Licensor, its directors, officers, employees, and agents, Licensor's other licensees, and Joint User(s) from any and all claims, demands, causes of action and costs, including attorneys’ fees' fees through appeals, which arise directly or indirectly from the construction, attachment or construction and operation of Licensee’s Facilities on Verizon’s Poles, Conduits or Rights of Way's facilities, including but not limited to damages, costs and expense of relocating Poles or Conduits due to the loss of right-of-way or property owner consents, taxes, special charges by others, claims and demands for damages or loss from infringement of copyrightcopyrights, for libel and slander, for unauthorized use of television or radio broadcast programs and other program material, and from and against all claims, demands and costs, including attorneys’ fees, attorney's fees through appeals for infringement of patents with respect to the manufactureconstruction, maintenance, use and operation of Licensee’s Facilities 's facilities in combination with PolesPole(s), ConduitsAnchor(s), Rights of Way Conduit Systems or otherwise. The foregoing indemnity shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Verizon. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct, or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Verizon is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licensee. 14.5 Verizon and F) Licensee shall promptly advise each other the Licensor of all claims relating to damage to of property or injury to or death of persons, arising or alleged to have arisen in any manner manner, directly or indirectly, by the erection, maintenance, repair, replacement, presence, use or removal of Facilities governed by this License Agreementthe Licensee's facilities. Copies Licensee shall promptly notify Licensor in writing of any suits or causes of action which may involve Licensor and, upon the request of Licensor, copies of all relevant accident reports and statements made to a Party’s Licensee's insurer by the other Party Licensee or affected entity others shall be furnished promptly to the insured PartyLicensor. 14.6 Unless expressly provided for otherwise herein, neither Party shall be liable to the other for any special, consequential or other indirect damages arising under this Agreement. 14.7 The provision of this Article shall survive the expiration or earlier termination of this Agreement or any license issued thereunder.

Liability and Damages. 14.1 Verizon shall exercise reasonable care 13.1 Licensor reserves to avoid damaging itself, its successors and assigns, the Facilities of Licensee attached right to Poles, or occupying Conduits or Rights of Way, under this Agreement, locate and shall make an immediate report maintain its conduit and to Licensee of the occurrence of any operate its facilities in conjunction therewith in such damage caused by Verizon’s employees, agents or contractorsa manner as will best enable it to fulfill its own service requirements. Verizon agrees to reimburse Licensee for all reasonable costs incurred by Licensee for the physical repair of damages to such Licensee's Facilities proximately caused by the negligence of Verizon; however, Verizon Licensor shall not be liable to Licensee for any loss interruption of Licensee’s revenue service or profits resulting from any interruption of Licensee's service caused by such damage or for interference with the operation of Licensee's Facilities caused by such damage’s communications services arising in any manner, except from Licensor’s sole negligence, out of the use of Licensor’s conduit. 14.2 13.2 Licensee shall exercise reasonable care precaution to avoid damaging the facilities of Verizon Licensor and of others attached to Polesoccupying Licensor’s conduit system, or occupying Conduits or Rights of Way and shall make an immediate report of damage to the owner of facilities so damaged. Licensee assumes all responsibility for any and all direct loss from such damage caused by Licensee’s employees, agents or contractors; however. Licensee shall make an immediate report to Licensor and any other user of the occurrence of any such damage and agrees to reimburse the respective parties for all costs incurred in making repairs. 13.3 Except to the extent as may be caused by the negligence of Licensor, Licensee shall not be liable to Verizon for any loss of Verizon’s revenue or profits resulting from any interruption of Verizon's service caused by such damage or interference with the operation of Verizon's Facilities caused by such damage. 14.3 Licensee shall indemnifydefend, protect indemnify and save harmless Verizon Licensor, against and from and against any and all liabilities, claims, demandssuits, causes of actions fines, penalties, damages, losses, fees, costs and costs, expenses arising from or in connection with this Agreement (including reasonable attorneys’ fees) including, for damages to property and injury or death to Licensee’s employees or other persons, including but not limited to, those which may be imposed upon, incurred by or asserted against Licensor, by reason of: (a) any work or action performed within the conduit licensed hereunder or any part thereof performed by Licensee or any of its agents, contractors, servants, or employees; (b) any use, occupation, condition, operation of said conduit or any part thereof by Licensee or any of its agents, contractors, servants, or employees; (c) any act or omission on the part of Licensee or any of its agents, contractors, servants, or employees, for which Licensor may be found liable; (d) any accident, injury (including death) or damage to any person or property occurring within said conduit or any part thereof arising out of any use thereof by Licensee or any if its agents, contractors, servants, or employees; (e) any failure on the part of Licensee to perform or comply with any of the covenants, agreements, terms or conditions contained in this Agreement; (f) payments made under any Workers Workers’ Compensation law Law or under any plan for employee’s employees disability and death benefits, which may arise benefits arising out of any use of the conduit by Licensee or be caused by any of its agents, contractors, servants, or employees; (g) the erection, maintenance, presence, use use, occupancy or removal of Licensee’s Facilities by Licensee or any of its agents, contractors, servants, or employees or by their proximity to the Facilities facilities of other parties occupying Licensor’s conduit; provided that Licensee shall defend, indemnify, and save harmless Licensor against and from any and all parties attached to a Pole such liabilities, claims, suits, fines, penalties, damages, losses, fees, costs and expenses brought, made or placed in the Conduit or Rights Of Wayasserted by any of Licensee’s agents, contractors, servants, or employees of any of Licensee’s contractors or agents; or by (h) any and all such liabilities, claims, suits, fines, penalties, damages, losses, fees, costs and expenses brought, made or asserted by any act or omission of the Licensee’s employeesagents, agents contractors, servants, or contractors on or in the vicinity employees of Verizon’s Poles, Conduits or Rights of Way. The foregoing indemnity, hold harmless and defense provisions shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Licensor. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Licensor is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault any of Licensee’s contractors or agents. 14.4 The 13.4 Licensee shall indemnify, protect and save harmless Verizon and defend Licensor from any and all claims, demands, causes claims and demands of action and costs, including attorneys’ fees, whatever kind which arise directly or indirectly from the construction, attachment or operation of Licensee’s Facilities on Verizon’s Poles, Conduits or Rights of WayFacilities, including but not limited to damages, costs and expense of relocating Poles or Conduits due to the loss of right-of-way or property owner consents, taxes, special charges by others, claims and demands for damages or loss from for infringement of copyright, for libel and slander, for unauthorized use of television or radio broadcast programs programs, and for unauthorized use of other program material, and from and against all claims, claims and demands and costs, including attorneys’ fees, for infringement of patents with respect to the manufacture, use and operation of Licensee’s Facilities in combination with Polesconduit, Conduits, Rights of Way or otherwise. The foregoing indemnity shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Verizon. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct, or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Verizon is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licensee. 14.5 Verizon and Licensee shall promptly advise each other of all claims relating to damage to property or injury to or death of persons, arising or alleged to have arisen in any manner by the erection, maintenance, repair, replacement, presence, use or removal of Facilities governed by this License Agreement. Copies of all accident reports and statements made to a Party’s insurer by the other Party or affected entity shall be furnished promptly to the insured Party. 14.6 Unless expressly provided for otherwise herein, neither Party shall be liable to the other for any special, consequential or other indirect damages arising under this Agreement. 14.7 The provision provisions of this Article shall survive the expiration or earlier termination of this Agreement or any license issued thereunder.

Liability and Damages. 14.1 Verizon shall exercise reasonable care A) Licensor reserves to avoid damaging itself, its successors and assigns, the Facilities of Licensee attached right to Poles, or occupying Conduits or Rights of Way, under this Agreement, locate and shall make an immediate report maintain its poles and to Licensee of the occurrence of any operate its facilities in conjunction therewith in such damage caused by Verizon’s employees, agents or contractorsa manner as will best enable it to fulfill its own service requirements. Verizon agrees to reimburse Licensee for all reasonable costs incurred by Licensee for the physical repair of damages to such Licensee's Facilities proximately caused by the negligence of Verizon; however, Verizon Licensor shall not be liable to Licensee for any loss of Licensee’s revenue or profits resulting from any interruption of Licensee's service caused by such damage or for interference with the operation of Licensee's Facilities caused by such damagecommunications services arising in any manner, except from Licensor's sole negligence, out of the use of Licensor's poles. 14.2 B) Licensee shall exercise reasonable care precaution to avoid damaging the facilities of Verizon Licensor and of others attached to PolesLicensor's poles, or occupying Conduits or Rights of Way and shall make an immediate report of damage to the owner of facilities so damaged. Licensee assumes all responsibility for any and all direct loss from such damage caused by Licensee’s 's employees, agents or contractors; however. Licensee shall make an immediate report to Licensor and any other user of the occurrence of any such damage and agrees to reimburse the respective parties for all costs included in making repairs. C) Except, as may be caused by the sole negligence of Licensor, or either of them, Licensee shall not be liable to Verizon for any loss of Verizon’s revenue or profits resulting from any interruption of Verizon's service caused by such damage or interference with the operation of Verizon's Facilities caused by such damage. 14.3 Licensee shall indemnifydefend, protect indemnify and save harmless Verizon Licensor, or either of them, against and from and against any and all liabilities, claims, demandssuits, causes of actions and costsfines, including attorneys’ penalties, damages, losses, fees, for damages to property costs and injury expenses arising from or death to Licensee’s employees or other personsin connection with this Agreement (including reasonable attorneys' fees) including, including but not limited to, those which may be imposed upon, incurred by or asserted against Licensor, or either of them by reason of (a) any work or thing done upon the poles licensed hereunder or any part thereof performed by Licensee or any of its agents, contractors, servants, or employees; (b) any use, occupation, condition, operation of said poles or any part thereof by Licensee or any of its agents, contractors, servants, or employees; (c) any act or omission on the part of Licensee or any of its agents, contractors, servants, or employees, for which Licensor may be found liable; (d) any accident, injury (including death) or damage to any person or property occurring upon said poles or any part thereof arising out of any use thereof by Licensee or any of its agents, contractors, servants, or employees; (e) any failure on the part of Licensee to perform or comply with any of the covenants, agreements, terms or conditions contained in this Agreement, (f) payments made under any Workers Workers' Compensation law Law or under any plan for employee’s employees disability and death benefits, which may arise benefits arising out of any use of the poles by Licensee or be caused any of its agents, contractors, servants, employees or by (g) the erection, maintenance, presence, use use, occupancy or removal of Licensee’s Facilities 's attachments by Licensee or any of its agents, contractors, servants or employees or by their proximity to the Facilities facilities of all other parties attached to a Pole or placed in the Conduit or Rights Of Way, or by any act or omission of the Licensee’s employees, agents or contractors on or in the vicinity of Verizon’s Poles, Conduits or Rights of Way. The foregoing Licensor's poles. D) Licensee shall indemnity, hold save harmless and defense provisions shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Licensor. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct or joint fault of Licensee and Verizon, but in such case the amount of the claim for which defend Licensor is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licensee. 14.4 The Licensee shall indemnify, protect and save harmless Verizon from any and all claims, demands, causes claims and demands of action and costs, including attorneys’ fees, whatever kind which arise directly or indirectly from the construction, attachment or operation of Licensee’s Facilities on Verizon’s Poles, Conduits or Rights of Way's attachments, including but not limited to damages, costs and expense of relocating Poles or Conduits due to the loss of right-of-way or property owner consents, taxes, special charges by others, claims and demands for damages or loss from for infringement of copyright, for libel and slander, for unauthorized use of television or radio broadcast programs programs, and for unauthorized use of other program material, and from and against all claims, claims and demands and costs, including attorneys’ fees, for infringement of patents with respect to the manufacture, use and operation of Licensee’s Facilities 's attachments in combination with PolesLicensor's poles, Conduits, Rights of Way or otherwise. The foregoing indemnity shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Verizon. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct, or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Verizon is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licensee. 14.5 Verizon and Licensee shall promptly advise each other of all claims relating to damage to property or injury to or death of persons, arising or alleged to have arisen in any manner by the erection, maintenance, repair, replacement, presence, use or removal of Facilities governed by this License Agreement. Copies of all accident reports and statements made to a Party’s insurer by the other Party or affected entity shall be furnished promptly to the insured Party. 14.6 Unless expressly provided for otherwise herein, neither Party shall be liable to the other for any special, consequential or other indirect damages arising under this Agreement. 14.7 The provision provisions of this Article shall survive the expiration or earlier termination of this Agreement or any license issued thereunder.

Liability and Damages. 14.1 Verizon 13.1 Licensor reserves to itself, its successors and assigns, the right to locate and maintain its conduit and to operate its facilities in conjunction therewith in such a manner as will best enable it to fulfill its own service requirements. Licensor shall not be liable to Licensee for any interruption of Licensee’s service nor for interference with the operation of Licensee’s communications services arising in any manner, except from Licensor’s negligence, out of the use of Licensor’s conduit. 13.2 Licensor shall exercise reasonable care to avoid damaging the Facilities facilities of Licensee attached to Poles, or occupying Conduits or Rights of Way, under this Agreement, and shall make an immediate report to Licensee of the occurrence of any such damage caused by VerizonLicensor’s employees, agents or contractors. Verizon Licensor agrees to reimburse Licensee for all reasonable costs incurred by Licensee for the physical repair of damages damage to such Licensee's Facilities ’s facilities proximately caused by the negligence of VerizonLicensor; however, Verizon Licensor shall not be liable to Licensee for any loss of Licensee’s revenue or profits resulting from any interruption of Licensee's service caused by such damage or interference with the operation of Licensee's Facilities caused by such damage. 14.2 13.3 Licensee shall exercise reasonable care to avoid damaging the facilities of Verizon Licensor and of others attached to Polesoccupying Licensor’s conduits, or occupying Conduits or Rights of Way and shall make an immediate report of damage to the owner of facilities so damaged. Licensee assumes all responsibility for any and all direct loss from damage caused by Licensee’s 's employees, agents or contractors; however, Licensee shall not be liable to Verizon Licensor for any loss of VerizonLicensor’s revenue or profits resulting from any interruption of Verizon's Licensor’s service caused by such damage or interference with the operation of Verizon's Facilities Licensor’s facilities caused by such damage. 14.3 13.4 Licensee shall indemnify, protect and save harmless Verizon Licensor from and against any and all claims, demands, causes of actions and costs, including attorneys’ fees, for damages to property and injury or death to Licensee’s employees or other persons, including but not limited to, payments under any Workers Compensation law or under any plan for employee’s disability and death benefits, which may arise out of or be caused by the erection, maintenance, presence, use or removal of Licensee’s Facilities facilities or by their proximity to the Facilities facilities of all parties attached to a Pole or placed in the Conduit or Rights Of Wayoccupying Licensor’s conduit, or by any act or omission of the Licensee’s employees, agents or contractors on or in the vicinity of VerizonLicensor’s Poles, Conduits or Rights of Wayconduits . The foregoing indemnity, hold harmless and defense provisions shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Licensor. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct or joint fault of Licensee and VerizonLicensor, but in such case the amount of the claim for which Licensor is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licensee. 14.4 13.5 The Licensee shall indemnify, protect and save harmless Verizon Licensor from any and all claims, demands, causes of action and costs, including attorneys’ fees, which arise directly or indirectly from the construction, attachment or operation of Licensee’s Facilities on facilities in Verizon’s Poles, Conduits or Rights of Wayconduits , including but not limited to damages, costs and expense of relocating Poles or Conduits conduits due to the loss of right-of-way or property owner consents, taxes, special charges by others, claims and demands for damages or loss from infringement of copyright, for libel and slander, for unauthorized use of television or radio broadcast programs and other program material, and from and against all claims, demands and costs, including attorneys’ fees, for infringement of patents with respect to the manufacture, use and operation of Licensee’s Facilities facilities in combination with Poles, Conduits, Rights of Way conduits or otherwise. The foregoing indemnity shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of VerizonLicensor. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct, or joint fault of Licensee and VerizonLicensor, but in such case the amount of the claim for which Verizon Licensor is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licensee. 14.5 Verizon 13.6 Licensor and Licensee shall promptly advise each other of all claims relating to damage to property or injury to or death of persons, arising or alleged to have arisen in any manner by the erection, maintenance, repair, replacement, presence, use or removal of Facilities facilities governed by this License Agreement. Copies of all accident reports and statements made to a PartyLicensor’s or Licensee’s insurer by the other Party Licensor or Licensee or affected entity shall be furnished promptly to the insured PartyLicensor or Licensee. 14.6 13.7 Unless expressly provided for otherwise herein, neither Party Licensor nor Licensee shall be liable to the other for any special, consequential or other indirect damages arising under this Agreement. 14.7 13.8 The provision provisions of this Article shall survive the expiration or earlier termination of this Agreement or any license issued thereunderhereunder.

Liability and Damages. 14.1 Verizon A) Licensor shall exercise reasonable care precaution to avoid damaging the Facilities communications facilities of the Licensee attached to Poles, or occupying Conduits or Rights of Way, under this Agreement, and shall make an immediate report to the Licensee of the occurrence of any such damage caused by Verizon’s its employees, agents or contractors. Verizon Licensor agrees to reimburse the Licensee for all reasonable costs incurred by the Licensee for the physical repair of damages to such Licensee's Facilities proximately caused facilities damaged by the negligence of Verizon; howeverLicensor, Verizon its employees, agents, contractors, subcontractors or invites. However, Licensor shall not be liable to Licensee for any loss of Licensee’s revenue or profits resulting from any interruption of Licensee's service caused by such damage or for interference with the operation of Licensee's Facilities caused by communications facilities, or for any special, indirect, or consequential damages arising in any manner, including Licensor's negligence, out of the use of poles, anchors, or conduit systems or Licensor's actions or omissions in regard thereto and Licensee shall indemnify and save harmless Licensor from and against any and all claims, demands, causes of action, costs and reasonable attorneys' fees with respect to such damagespecial, indirect or consequential damages. 14.2 B) Licensee shall exercise reasonable care precaution to avoid damaging the facilities of Verizon Licensor and of others attached to Polespoles, anchors, or occupying Conduits or Rights of Way a conduit system and shall make an immediate report of damage to the owner Owner of facilities so damaged. Licensee assumes all responsibility for the occurrence of any and all direct loss from such damage caused by Licensee’s 's employees, agents or contractors; however, . Licensee shall not be liable agrees to Verizon reimburse the Licensor for any loss all reasonable costs incurred by the Licensor for the physical repair of Verizon’s revenue or profits resulting from any interruption such facilities damaged by the negligence of Verizon's service caused by such damage or interference with the operation of Verizon's Facilities caused by such damageLicensee. 14.3 C) Licensee shall indemnify, protect and save harmless Verizon the Licensor, its directors, officers, employees and agents, Licensor's other licensees, and joint users from and against any and all claims, demands, causes of action, damages and costs, including reasonable attorney's fees through appeals incurred by the Licensor, the Licensor's other licensees and joint users as a result of acts by the Licensee, its employees, agents or contractors, including but not limited to the cost of relocating poles, anchors, guys, or conduit system resulting from a loss of right-of-way or property owner consents and/or the cost of defending those rights and/or consents. D) The Licensee shall indemnify, protect and save harmless the Licensor, its directors, officers, employees and agents, Licensor's other licensees, and joint users from and against any and all claims, demands, causes of actions and costs, including attorneys’ reasonable attorney's fees, through appeals for damages to property and injury or death to Licensee’s employees or other persons, including but not limited to, to payments under any Workers Worker's Compensation law Law or under any plan for employee’s 's disability and death benefits, which may arise caused by, arising from, incident to, connected with or growing out of or be caused by the erection, rearrangement, maintenance, presence, use or removal of Licensee’s Facilities 's facilities, or by their proximity to the Facilities facilities of all parties attached to a Pole pole, anchor and/or guy, or placed in the Conduit or Rights Of Waya conduit system, or by any act or omission of the Licensee’s 's employees, agents or contractors on or in the vicinity of Verizon’s Polesthe Licensor's poles, Conduits anchors, guys or Rights of Way. The foregoing indemnity, hold harmless and defense provisions shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Licensor. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Licensor is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licenseeconduit system. 14.4 The Licensee shall indemnify, protect and save harmless Verizon from any and all claims, demands, causes of action and costs, including attorneys’ fees, which arise directly or indirectly from the construction, attachment or operation of Licensee’s Facilities on Verizon’s Poles, Conduits or Rights of Way, including but not limited to damages, costs and expense of relocating Poles or Conduits due to the loss of right-of-way or property owner consents, taxes, special charges by others, claims and demands for damages or loss from infringement of copyright, for libel and slander, for unauthorized use of television or radio broadcast programs and other program material, and from and against all claims, demands and costs, including attorneys’ fees, for infringement of patents with respect to the manufacture, use and operation of Licensee’s Facilities in combination with Poles, Conduits, Rights of Way or otherwise. The foregoing indemnity shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Verizon. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct, or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Verizon is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licensee. 14.5 Verizon and Licensee shall promptly advise each other of all claims relating to damage to property or injury to or death of persons, arising or alleged to have arisen in any manner by the erection, maintenance, repair, replacement, presence, use or removal of Facilities governed by this License Agreement. Copies of all accident reports and statements made to a Party’s insurer by the other Party or affected entity shall be furnished promptly to the insured Party. 14.6 Unless expressly provided for otherwise herein, neither Party shall be liable to the other for any special, consequential or other indirect damages arising under this Agreement. 14.7 The provision of this Article shall survive the expiration or earlier termination of this Agreement or any license issued thereunder.

Liability and Damages. 14.1 Verizon shall exercise reasonable care to avoid damaging the Facilities of Licensee attached to Poles, or occupying Conduits or Rights of Way, under this Agreement, and shall make an immediate report to Licensee of the occurrence of any such damage caused by Verizon’s employees, agents or contractors. Verizon agrees to reimburse Licensee for all reasonable costs incurred by Licensee for the physical repair of damages damage to such Licensee's ’s Facilities proximately caused by the negligence of Verizon; however, Verizon shall not be liable to Licensee for any loss of Licensee’s revenue or profits resulting from any interruption of Licensee's service caused by such damage or interference with the operation of Licensee's Facilities caused by such damage. 14.2 . Licensee shall exercise reasonable care to avoid damaging the facilities Facilities of Verizon and of others attached to Poles, or occupying Conduits or Rights of Way Way, and shall make an immediate report of damage to the owner of facilities so damaged. Licensee assumes all responsibility for any and all direct loss from damage caused by Licensee’s 's employees, agents or contractors; however, Licensee shall not be liable to Verizon for any loss of Verizon’s revenue or profits resulting from any interruption of Verizon's service caused by such damage or interference with the operation of Verizon's Facilities caused by such damage. 14.3 . Licensee shall indemnify, protect and save harmless Verizon from and against any and all claims, demands, causes of actions and costs, including attorneys’ fees, for damages to property and injury or death to Licensee’s employees or other persons, including but not limited to, payments under any Workers Compensation law or under any plan for employee’s disability and death benefits, which may arise out of or be caused by the erection, maintenance, presence, use or removal of Licensee’s Facilities or by their proximity to the Facilities of all parties attached to a Pole or placed in the Conduit or Rights Of of Way, or by any act or omission of the Licensee’s employees, agents or contractors on or in the vicinity of Verizon’s Poles, Conduits or Rights of Way. The foregoing indemnity, hold harmless and defense provisions shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Licensor. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Licensor is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licensee. 14.4 . The Licensee shall indemnify, protect and save harmless Verizon from any and all claims, demands, causes of action and costs, including attorneys’ fees, which arise directly or indirectly from the construction, attachment or operation of Licensee’s Facilities on Verizon’s Verizons’ Poles, Conduits or Rights of Way, including but not limited to damages, costs and expense of relocating Poles or Conduits due to the loss of right-of-way or property owner consents, taxes, special charges by others, claims and demands for damages or loss from infringement of copyright, for libel and slander, for unauthorized use of television or radio broadcast programs and other program material, and from and against all claims, demands and costs, including attorneys’ fees, for infringement of patents with respect to the manufacture, use and operation of Licensee’s Facilities in combination with Poles, Conduits, Rights of Way or otherwise. The foregoing indemnity shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Verizon. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct, or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Verizon is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licensee. 14.5 . Verizon and Licensee shall promptly advise each other of all claims relating to damage to property or injury to or death of persons, arising or alleged to have arisen in any manner by the erection, maintenance, repair, replacement, presence, use or removal of Facilities governed by this License Agreement. Copies of all accident reports and statements made to a Party’s insurer by the other Party or affected entity shall be furnished promptly to the insured Party. 14.6 Party Unless expressly provided for otherwise herein, neither Party shall be liable to the other for any special, consequential or other indirect damages arising under this Agreement. 14.7 . The provision provisions of this Article shall survive the expiration or earlier termination of this Agreement or any license issued thereunder.

Liability and Damages. 14.1 Verizon shall exercise reasonable care 13.1 Licensor reserves to avoid damaging itself, its successors and assigns, the Facilities of Licensee attached right to Poles, or occupying Conduits or Rights of Way, under this Agreement, locate and shall make an immediate report maintain its poles and to Licensee of the occurrence of any operate its facilities in conjunction therewith in such damage caused by Verizon’s employees, agents or contractorsa manner as will best enable it to fulfill its own service requirements. Verizon agrees to reimburse Licensee for all reasonable costs incurred by Licensee for the physical repair of damages to such Licensee's Facilities proximately caused by the negligence of Verizon; however, Verizon Licensor shall not be liable to Licensee for any loss interruption of Licensee’s revenue service or profits resulting from any interruption of Licensee's service caused by such damage or for interference with the operation of Licensee's Facilities caused by such damage’s communications services arising in any manner, except from Licensor’s sole negligence, out of the use of Licensor’s poles. 14.2 13.2 Licensee shall exercise reasonable care precaution to avoid damaging the facilities of Verizon Licensor and of others attached to PolesLicensor’s poles, or occupying Conduits or Rights of Way and shall make an immediate report of damage to the owner of facilities so damaged. Licensee assumes all responsibility for any and all direct loss from such damage caused by Licensee’s employees, agents or contractors; however. Licensee shall make an immediate report to Licensor and any other user of the occurrence of any such damage and agrees to reimburse the respective parties for all costs incurred in making repairs. 13.3 Except to the extent as may be caused by the negligence of Licensor, Licensee shall not be liable to Verizon for any loss of Verizon’s revenue or profits resulting from any interruption of Verizon's service caused by such damage or interference with the operation of Verizon's Facilities caused by such damage. 14.3 Licensee shall indemnifydefend, protect indemnify and save harmless Verizon Licensor against and from and against any and all liabilities, claims, demandssuits, causes of actions fines, penalties, damages, losses, fees, costs and costs, expenses arising from or in connection with this Agreement (including reasonable attorneys’ fees) including, for damages to property and injury or death to Licensee’s employees or other persons, including but not limited to, those which may be imposed upon, incurred by or asserted against Licensor, by reason of: (a) any work or action done upon the poles licensed hereunder or any part thereof performed by Licensee or any of its agents, contractors, servants, or employees; (b) any use, occupation, condition, operation of said poles or any part thereof by Licensee or any of its agents, contractors, servants, or employees; (c) any act or omission on the part of Licensee or any of its agents, contractors, servants, or employees, for which Licensor may be found liable; (d) any accident, injury (including death) or damage to any person or property occurring upon said poles or any part thereof arising out of any use thereof by Licensee or any if its agents, contractors, servants, or employees; (e) any failure on the part of Licensee to perform or comply with any of the covenants, agreements, terms or conditions contained in this Agreement; (f) payments made under any Workers Workers’ Compensation law Law or under any plan for employee’s employees disability and death benefits, which may arise benefits arising out of any use of the poles by Licensee or be caused by any of its agents, contractors, servants, or employees; (g) the erection, maintenance, presence, use use, occupancy or removal of Licensee’s Facilities by Licensee or any of its agents, contractors, servants, or employees or by their proximity to the Facilities facilities of all other parties attached to a Pole Licensor’s poles; provided that Licensee shall defend, indemnify, and save harmless Licensor against and from any and all such liabilities, claims, suits, fines, penalties, damages, losses, fees, costs and expenses brought, made or placed in the Conduit or Rights Of Wayasserted by any of Licensee’s agents, contractors, servants, or employees of any of Licensee’s contractors or agents; or by (h) any and all such liabilities, claims, suits, fines, penalties, damages, losses, fees, costs and expenses brought, made or asserted by any act or omission of the Licensee’s employeesagents, agents contractors, servants, or contractors on or in the vicinity employees of Verizon’s Poles, Conduits or Rights of Way. The foregoing indemnity, hold harmless and defense provisions shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Licensor. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Licensor is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault any of Licensee’s contractors or agents. 14.4 The 13.4 Licensee shall indemnify, protect and save harmless Verizon and defend Licensor from any and all claims, demands, causes claims and demands of action and costs, including attorneys’ fees, whatever kind which arise directly or indirectly from the construction, attachment or operation of Licensee’s Facilities on Verizon’s Poles, Conduits or Rights of Wayattachments, including but not limited to damages, costs and expense of relocating Poles or Conduits due to the loss of right-of-way or property owner consents, taxes, special charges by others, claims and demands for damages or loss from for infringement of copyright, for libel and slander, for unauthorized use of television or radio broadcast programs programs, and for unauthorized use of other program material, and from and against all claims, claims and demands and costs, including attorneys’ fees, for infringement of patents with respect to the manufacture, use and operation of Licensee’s Facilities in combination with Polespoles, Conduits, Rights of Way or otherwise. The foregoing indemnity shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Verizon. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct, or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Verizon is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licensee. 14.5 Verizon and Licensee shall promptly advise each other of all claims relating to damage to property or injury to or death of persons, arising or alleged to have arisen in any manner by the erection, maintenance, repair, replacement, presence, use or removal of Facilities governed by this License Agreement. Copies of all accident reports and statements made to a Party’s insurer by the other Party or affected entity shall be furnished promptly to the insured Party. 14.6 Unless expressly provided for otherwise herein, neither Party shall be liable to the other for any special, consequential or other indirect damages arising under this Agreement. 14.7 The provision provisions of this Article shall survive the expiration or earlier termination of this Agreement or any license issued thereunder.

Liability and Damages. 14.1 Verizon 13.1 BOROUGH shall exercise reasonable care to avoid damaging the Licensee’s Facilities of Licensee attached Attached to Poles, or occupying Conduits or Rights of Way, BOROUGH Poles under this Agreement, and shall make an immediate report to Licensee of the occurrence of any such damage caused by VerizonBOROUGH’s employees, agents or contractors. Verizon agrees to reimburse Licensee for all reasonable costs incurred by Licensee for the physical repair of damages to such Licensee's Facilities proximately caused by the negligence of Verizon; however, Verizon BOROUGH shall not be liable to Licensee for any claims, expenses, demands, causes of action, costs, loss, damages (including loss of Licensee’s life) or attorneys fees ("Claims") incurred by Licensee in conjunction with its Attachment, except to the extent such Claims are caused by the gross negligence or willful misconduct of BOROUGH. In no event shall BOROUGH be liable to Licensee for any loss of Licensee revenue or profits profits, or for any direct, indirect, incidental, consequential, punitive or special damages resulting from any interruption of Licensee's service caused by such resulting from damage to or interference with the operation of Licensee's Facilities caused Facilities. No provision of this Agreement is intended, or shall be construed, to be a waiver for any purpose by such damagethe Borough of any applicable limits or exclusions on, or immunity from, municipal liability. 14.2 Licensee 13.2 Licensee, and its employees, agents and contractors shall exercise reasonable care to avoid damaging BOROUGH Poles and the facilities of Verizon and of others any other licensee attached to BOROUGH Poles, or occupying Conduits or Rights of Way and shall make an immediate report of any damage immediately to BOROUGH and the owner of facilities so damaged. Licensee assumes all responsibility for any and all direct loss from or damage caused by Licensee’s 's employees, agents or contractors; however, Licensee shall not be liable to Verizon for any loss of Verizon’s revenue or profits resulting from any interruption of Verizon's service caused by such damage or interference with the operation of Verizon's Facilities caused by such damage. 14.3 13.3 THE REMEDIES SET FORTH IN THIS AGREEMENT ARE THE EXCLUSIVE REMEDIES OF LICENSEE FOR ANY BREACH, DEFECT OR ANYTHING ARISING OUT OF THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT, WHETHER CLAIMS BY LICENSEE ARE BASED IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. 13.4 Licensee shall indemnify, protect protect, defend, and save harmless Verizon BOROUGH and other licensees from and against any and all claimsClaims including, demandsbut not limited to, causes of actions and costsClaims for destruction to any property or injuries, including attorneys’ feesdeath, to any person, to the full extent that such arises out of or is caused by Licensee’s erection, construction, installation, Attachment, maintenance, presence, operation, use, repair, replacement or removal of Licensee's Facilities, or by any act or omission of Licensee's employees, agents or contractors on or in the vicinity of BOROUGH Poles. 13.5 Licensee shall indemnify, protect, defend, and save harmless BOROUGH and other licensees from and against any and all Claims for damages to property and injury or death to Licensee’s employees or other persons, including but not limited to, to payments under any Workers Workers' Compensation law or under any plan for employee’s disability and death benefits, which may arise to the full extent that such arises out of or be is caused by the Licensee’s erection, construction, installation, Attachment, maintenance, presence, use operation, use, repair, replacement or removal of Licensee’s Facilities or by their proximity the Facilities of all parties attached to a Pole or placed in the Conduit or Rights Of WayFacilities, or by any act or omission of the Licensee’s employees, agents or contractors on or in the vicinity of Verizon’s BOROUGH Poles, Conduits or Rights of Way. The foregoing indemnity, hold harmless and defense provisions shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Licensor. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Licensor is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licensee. 14.4 The 13.6 Licensee shall indemnify, protect protect, defend, and save harmless Verizon BOROUGH and other licensees from any and all claims, demands, causes of action and costs, including attorneys’ fees, which arise Claims to the full extent that such arises directly or indirectly from the Licensee’s erection, construction, attachment installation, Attachment, maintenance, presence, operation, use, repair, replacement or operation removal of Licensee’s Facilities on Verizon’s Poles, Conduits or Rights of WayFacilities, including but not limited to damages, costs and expense of relocating Poles or Conduits due to the loss of right-of-way or property owner consents, taxes, special charges by others, claims and demands for damages or loss from infringement of copyright, for libel and slander, for unauthorized use of television or radio broadcast programs and other program material, and from and against all claims, demands and costs, including attorneys’ fees, Claims for infringement of patents with respect to the manufacture, use and operation of Licensee’s Facilities in combination with BOROUGH Poles, Conduits, Rights of Way or otherwise. The foregoing indemnity shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Verizon. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct, or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Verizon is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licensee. 14.5 Verizon and Licensee shall promptly advise each other of all claims relating to damage to property or injury to or death of persons, arising or alleged to have arisen in any manner by the erection, maintenance, repair, replacement, presence, use or removal of Facilities governed by this License Agreement. Copies of all accident reports and statements made to a Party’s insurer by the other Party or affected entity shall be furnished promptly to the insured Party. 14.6 Unless expressly provided for otherwise herein, neither Party shall be liable to the other for any special, consequential or other indirect damages arising under this Agreement. 14.7 The provision of this Article shall survive the expiration or earlier termination of this Agreement or any license issued thereunder.

Liability and Damages. 14.1 Verizon shall exercise reasonable care (a) Licensor reserves to avoid damaging itself, its successors and assigns, the Facilities of Licensee attached right to Poles, or occupying Conduits or Rights of Way, under this Agreement, maintain its poles and shall make an immediate report to Licensee of the occurrence of any operate its facilities thereon in such damage caused by Verizon’s employees, agents or contractorsmanner as will best enable it to fulfill its own service requirements. Verizon agrees to reimburse Licensee for all reasonable costs incurred by Licensee for the physical repair of damages to such Licensee's Facilities proximately caused by the negligence of Verizon; however, Verizon Licensor shall not be liable to Licensee for any loss of Licensee’s revenue or profits resulting from any interruption of Licensee's service caused by such damage of Licensee or for interference with the operation of Licenseefacilities of Licensee arising out of the use of Licensor's Facilities caused by such damagefacilities. Additionally, Licensor shall not be liable to Licensee for any interruption of service of Licensee or for any interference with the operation of facilities of Licensee arising out of a cause outside the control of Licensor. 14.2 (b) Licensee shall exercise reasonable care special precautions to avoid damaging the facilities of Verizon the Licensor and of others attached to Poles, occupying Licensor's facilities and Licensee hereby assumes all responsibility for the costs of making repairs or occupying Conduits or Rights replacements of Way and such damage. Licensee shall make an immediate report to Licensor of the occurrence of any such damage known to Licensee and hereby agrees to reimburse the owner of facilities so damagedrespective owners for the expense incurred in making repairs. Licensee assumes all responsibility for any and all direct loss from damage caused by Licensee’s employees, agents or contractors; however, If Licensee shall not be liable fail to Verizon for any loss of Verizon’s revenue or profits resulting from any interruption of Verizon's service caused by such exercise precautions to avoid damage or interference with if Licensee shall fail to immediately report the operation occurrence of Verizon's Facilities caused by such damage, such failure shall constitute a default of this Agreement. 14.3 (c) Licensee shall indemnify, protect and protect, save harmless Verizon and defend Licensor, and its affiliated and associated companies, shareholders, directors, officers, agents, representatives and employees from and against any and all claims, demands, causes of actions claims and costs, including attorneys’ fees, demands for damages to property and injury to or death to Licensee’s employees or other of persons, including but not limited to, payments made under any Workers Workmen's Compensation law Law, payment for loss of revenue and other consequential damages for Licensor or under third parties and any plan for employee’s disability and death benefits, other appropriate compensation which may arise arise, including attorneys' fees, out of or be caused by the erection, maintenance, presence, use or removal of Licensee’s Facilities or by their proximity the Facilities of all parties attached to a Pole or placed in the Conduit or Rights Of Way's cable, equipment and facilities or by any act or omission of the Licensee’s employees, agents or contractors Licensee on or in the vicinity of Verizon’s Poles, Conduits Licensor's facilities or Rights Licensee's breach of Way. The foregoing indemnity, hold harmless and defense provisions shall not apply in any part of this Agreement regardless of the case of claims, which solely arise from the negligence, misconduct or other fault negligence of Licensor. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Licensor is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licensee. 14.4 The Licensee shall also indemnify, protect and protect, save harmless Verizon and defend Licensor and its affiliated and associated companies, shareholders, directors, officers, agents, representatives and employees from any and all claims, demands, causes claims and demands of action and costs, including attorneys’ fees, whatever kind which arise directly or indirectly from the construction, attachment or operation of Licensee’s Facilities on Verizon’s Poles, Conduits or Rights of Way, 's facilities including but not limited to damages, costs and expense of relocating Poles or Conduits due to the loss of right-of-way or property owner consents, taxes, special charges by by-others, claims and demands for damages or loss from for infringement of copyright, for libel and slander, for unauthorized use of television or radio broadcast programs programs, and for unauthorized use of other program material, and from and against all claims, claims and demands and costs, including attorneys’ fees, for infringement of patents with respect to the manufacture, use and operation of Licensee’s Facilities in combination with PolesLicensor's poles, Conduits, Rights of Way or otherwise. The foregoing indemnity shall not apply in the case of claims, which solely arise from the negligence, misconduct anchors or other fault of Verizon. It shall apply, however, if a claim is the result facilities or otherwise regardless of the joint negligence, joint misconduct, negligence of Licensor. Licensee's indemnity obligations hereunder shall extend to and include all actual costs including overhead costs and/or consequential damages (including the services of Licensor's regular employees and retained attorneys) incident to the investigation and defense of all claims and demands to which Licensee's indemnity obligations apply. (d) Without limiting any obligations or joint fault liabilities of Licensee under this Agreement, Licensee shall provide and Verizonmaintain for the term of this Agreement, at its own expense, without direct reimbursement, insurance coverage's in forms and amounts that Licensee believes will adequately protect it but in such no case less than: (1) Workers' Compensation Insurance in accordance with all applicable state, federal, and maritime laws, including Employer's Liability Insurance in the amount of the claim for which Verizon is entitled to indemnification $1,000,000 per accident. Policy shall be limited endorsed to that portion include a waiver of such claim attributable to subrogation in favor of the negligence, misconduct or other fault of LicenseeEntergy Companies and their affiliated and associated companies. 14.5 Verizon and Licensee shall promptly advise each other of all claims relating to damage to property or injury to or death of persons(2) Commercial General Liability Insurance including Contractual Liability Coverage, arising or alleged to have arisen in any manner by the erection, maintenance, repair, replacement, presence, use or removal of Facilities governed by this License Agreement. Copies of all accident reports and statements made to a Party’s insurer by the other Party or affected entity shall be furnished promptly to the insured Party. 14.6 Unless expressly provided for otherwise herein, neither Party shall be liable to the other for any special, consequential or other indirect damages arising covering liability assumed under this Agreement, Products/Completed Operations Coverage, Broad Form Property Liability Coverage, and Personal Injury Coverage in the amount of $5,000,000 per occurrence for Bodily Injury and Property Damage. 14.7 The provision (3) Commercial Automobile Liability Insurance including all owned, hired, leased assigned, and non-owned vehicles, with a combined single limit of not less than $5,000,000 per accident. (4) Excess Liability Coverage to provide excess of 18.d.1 through 18.d.4 in the amount of $5 Million per occurrence. Licensee's insurance policies required by paragraphs (2) through (4) above, shall include the Licensor and its affiliated and associated companies as additional insureds. All of Licensee's policies of insurance shall be primary insurance and non-contributing with any other insurance, maintained by Licensor, and its affiliated and associated companies. Policies are to provide Licensor with thirty (30) days' prior written notice of cancellation or any material adverse change in conditions. Licensee shall provide Licensor with Certificates of Insurance issued to the Licensor evidencing coverage currently in effect upon execution of and for the duration of this Agreement. Licensee shall be fully responsible for any deductible or self-insured retention amounts contained in its insurance program or for any deficiencies in the amounts of insurance maintained. Unless agreed otherwise in writing by Licensor, any subcontractor providing services under this Agreement shall be required to carry insurance coverage's in a form and amount consistent with the requirements of this Article 18(d) and Certificates of Insurance evidencing such coverage shall survive be presented to Licensor prior to commencement of services by the expiration subcontractor. (e) Licensee shall furnish bond in the penal sum of not less than $100,000 and in an amount agreed to by Licensor or earlier satisfactory evidence to Licensor of contractual insurance coverage to guarantee the payment of any sums which may become due Licensor for rentals, inspections or for work performed for the benefit of Licensee under this Agreement, including the removal of attachments upon termination of this Agreement or by any license issued thereunderof its provisions. Should Licensee elect to purchase the bundled service package as set forth on Exhibit D, Licensor may waive the bond requirement on an annual basis provided the need for a bond may be re-evaluated by the Licensor at the annual review of the rental rate to be held pursuant to Article 16.

Liability and Damages. 14.1 Verizon A) Licensor shall exercise reasonable care precaution to avoid damaging the Facilities communications facilities of the Licensee attached to Poles, or occupying Conduits or Rights of Way, under this Agreement, and shall make an immediate report to the Licensee of the occurrence of any such damage caused by Verizon’s its employees, agents or contractors. Verizon Licensor agrees to reimburse the Licensee for all reasonable costs incurred by the Licensee for the physical repair of damages to such Licensee's Facilities proximately caused facilities damaged by the negligence of Verizon; howeverLicensor. However, Verizon Licensor shall not be liable to Licensee for any loss of Licensee’s revenue or profits resulting from any interruption of Licensee's service caused by such damage or for interference with the operation of Licensee's Facilities caused by such damagecommunications facilities, or for any special, indirect, or consequential damages arising in any manner, including Licensor's negligence, out of the use of poles, anchors, guy strands, or conduit systems or Licensor's actions or omissions in regards thereto and Licensee shall indemnify and save harmless Licensor from and against any and all claims, demands, causes of action, costs and attorneys' fees of whatever kind resulting therefrom. 14.2 B) Licensee shall exercise reasonable care precaution to avoid damaging the facilities of Verizon Licensor and of others attached to Polespoles, anchors, or occupying Conduits or Rights of Way a conduit system and shall make an immediate report of damage to the owner of facilities so damaged. Licensee assumes all responsibility for any and all direct and indirect loss from such damage caused by Licensee’s 's employees, agents or contractors; however, Licensee shall not be liable to Verizon for any loss of Verizon’s revenue or profits resulting from any interruption of Verizon's service caused by such damage or interference with the operation of Verizon's Facilities caused by such damage. 14.3 C) Licensee shall indemnify, protect and save harmless Verizon the Licensor, Licensor's other licensees, and joint users from and against any and all claims, demands, causes of action, damages and costs, including attorney's fees, incurred by the Licensor, the Licensor's other licensees and joint users as a result of acts by the Licensee, its employees, agents or contractors, including but not limited to the cost of relocating poles, anchors, guys, or conduit system resulting from a loss of right-of-way or property owner consents and/or the cost of defending those rights and/or consents. D) The Licensee shall indemnify, protect and save harmless the Licensor, Licensor's other licensees, and joint users from and against any and all claims, demands, causes of actions and costs, including attorneys’ ' fees, for damages to property and injury or death to Licensee’s employees or other persons, including but not limited to, to payments under any Workers Worker's Compensation law Law or under any plan for employee’s 's disability and death benefits, which may arise out of or be caused by the erection, rearrangement, maintenance, presence, use or removal of Licensee’s Facilities 's facilities, or by their proximity to the Facilities facilities of all parties attached to a Pole pole, anchor and/or guy, or placed in the Conduit or Rights Of Waya conduit system, or by any act or omission of the Licensee’s 's employees, agents or contractors on or in the vicinity of Verizon’s Polesthe Licensor's poles, Conduits anchors, guys or Rights of Way. The foregoing indemnity, hold harmless and defense provisions shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Licensor. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Licensor is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licenseeconduit system. 14.4 E) The Licensee shall indemnify, protect and save harmless Verizon the Licensor, Licensor's other licensees, and joint users from any and all claims, demands, causes of action and costs, including attorneys’ ' fees, which arise directly or indirectly from the construction, attachment or construction and operation of Licensee’s Facilities on Verizon’s Poles, Conduits or Rights of Way's facilities, including but not limited to damages, costs and expense of relocating Poles or Conduits due to the loss of right-of-way or property owner consents, taxes, special charges by others, claims and demands for damages or loss from infringement of copyright, for libel and slander, for unauthorized use of television or radio broadcast programs and other program material, and from and against all claims, demands and costs, including attorneys’ attorney's fees, for infringement of patents with respect to the manufactureconstruction, maintenance, use and operation of Licensee’s Facilities 's facilities in combination with Polespoles, Conduitsanchors, Rights of Way guys, conduit systems or otherwise. The foregoing indemnity shall not apply in the case of claims, which solely arise from the negligence, misconduct or other fault of Verizon. It shall apply, however, if a claim is the result of the joint negligence, joint misconduct, or joint fault of Licensee and Verizon, but in such case the amount of the claim for which Verizon is entitled to indemnification shall be limited to that portion of such claim attributable to the negligence, misconduct or other fault of Licensee. 14.5 Verizon and F) Licensee shall promptly advise each other the Licensor of all claims relating to damage to of property or injury to or death of persons, arising or alleged to have arisen in any manner manner, directly or indirectly, by the erection, maintenance, repair, replacement, presence, use or removal of Facilities governed by this License Agreementthe Licensee's facilities. Copies of all accident reports and statements made to a Party’s Licensee's insurer by the other Party Licensee or affected entity others shall be furnished promptly to the insured PartyLicensor. 14.6 Unless expressly provided for otherwise herein, neither Party shall be liable to the other for any special, consequential or other indirect damages arising under this Agreement. 14.7 The provision of this Article shall survive the expiration or earlier termination of this Agreement or any license issued thereunder.