No Liability for Consequential or Incidental Damages. LICENSEE expressly acknowledges and agrees that the TOWNSHIP will not be liable for any consequential or incidental damages, including, but not limited to, lost profits and loss of good will, arising out of termination of this Agreement or disruption to the DAS/Small Cell Networks or LICENSEE's permitted activities hereunder. The TOWNSHIP would not be willing to enter into this Agreement in the absence of a waiver of liability for consequential or incidental damages due to the acts or omissions of TOWNSHIP or its agents, and LICENSEE expressly assumes the risk with respect thereto. Accordingly, without limiting any indemnification obligations of LICENSEE or other waivers contained in this Agreement and as a material part of the consideration for this Agreement, LICENSEE fully RELEASES, WAIVES AND DISCHARGES forever any and all claims, demands, rights, and causes of action for consequential and incidental damages (including without limitation, lost profits and loss of good will), and covenants not to xxx for such damages, TOWNSHIP, its departments, boards, commissions, officers, Commissioners and employees, and all persons acting by, through or under each of them, arising out of this Agreement or the work and activities authorized hereunder, including, without limitation, any interference with uses conducted by LICENSEE pursuant to this Agreement, regardless of the cause, and whether or not due to the negligence or gross negligence of TOWNSHIP or its agents.
No Liability for Consequential or Incidental Damages. The Provider and the Municipality each expressly acknowledges and agrees that neither of them will be liable for any consequential or incidental damages incurred by the other, including, but not limited to, lost profits and loss of good will, arising out of a lawful and justifiable termination of this Agreement in accordance with its terms, or the construction or operation of or d isruption to, one or more Approved Small Cell Facilities installed under this Agreement, or to any other activities contemplated under this Agreement. Neither party would be willing to enter into this Agreement in the absence of such waiver. Accordingly, without limiting any waivers contained in this Agreement, and as a material part of the consideration for this Agreement, the Provider and the Municipality each fully RELEASES, WAIVES, AND DISCHARGES the other forever from any and all claims, demands, rights, and causes of action for consequential and incidental damages (including without limitation, lost profits and loss of good will), and covenants not to xxx the other party or any Persons acting by, through, or under that party, for consequential or incidental damages arising out of this Agreement or the work and activities authorized hereunder regard less of the cause, and whether or not due to negligence or gross negligence of the other party or its agents.
No Liability for Consequential or Incidental Damages and the City each expressly acknowledges and agrees that neither of them will be liable for any consequential or incidental damages incurred by the other, including, but not limited to, lost profits and loss of good will, arising out of a lawful and justifiable termination of this Agreement in accordance with its terms, or the construction or operation of, or disruption to, one or more Wireless Facilities, or any other activities contemplated under this Agreement. Neither party would be willing to enter into this Agreement in the absence of such waiver. Accordingly, without limiting any indemnification obligations of or other waivers contained in this Agreement, and as a material part of the consideration for this Agreement, and the City each fully RELEASES, WAIVERS AND DISCHARGES the other forever from any and all claims, demands, rights and causes of action for consequential and incidental damages (including without limitation, lost profits and loss of good will), and covenants not to xxx the other party or persons acting by, through or under that party, for consequential or incidental damages arising out of this Agreement or the work and activities authorized hereunder regardless of the cause, and whether or not due to negligence or gross negligence of the other party or its agents.
