Common use of Liability and Damages Clause in Contracts

Liability and Damages. 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 be liable to Licensee only for and to the extent of any damage caused by the negligence of the Licensor’s agents or employees to Licensee’s facilities attached to a Pole or Anchor. The Licensor shall not be liable to Licensee for any interruption of Licensee’s service or for interference with the operation of Licensee’s facilities arising in any manner out of Licensee’s use of Poles or Anchors. 2. Licensor shall exercise reasonable care to avoid damaging the facilities of Licensee attached to poles under this Agreement, and shall make an immediate report to Licensee of the occurrence of any such damage caused by Licensor’s employees, agents or contractors. 3. Licensee shall exercise reasonable care to avoid damaging the facilities of Licensor and of others attached to Licensor’s poles, and shall make an immediate report of damage caused by Licensee to the owner of facilities so damaged.

Liability and Damages. 1. The Licensor reserves to itself, its successors and assigns, the right to relocate and maintain its Poles and Anchors 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 be liable to Licensee only for and to the extent of any damage caused by the negligence of the Licensor’s agents or employees to Licensee’s facilities attached to a Pole or Anchoroccupying Licensor’s conduit system. The Licensor shall not be liable to Licensee for any interruption of Licensee’s service or for interference with the operation of Licensee’s facilities arising in any manner out of Licensee’s use of Poles or AnchorsLicensor’s conduit system. 2. Licensor shall exercise reasonable care to avoid damaging the facilities of Licensee attached to poles occupying conduit under this Agreement, and shall make an immediate report to Licensee of the occurrence of any such damage caused by Licensor’s employees, agents or contractors. 3. Licensee shall exercise reasonable care to avoid damaging the facilities of Licensor and of others attached to Licensor’s poles, and shall make an immediate report of damage caused by Licensee to the owner of facilities so damaged.