Common use of RELEASE BY LICENSEE Clause in Contracts

RELEASE BY LICENSEE. In no event will the Licensor be liable to the Licensee for: (a) any damage to the Licensee's Equipment, Equipment Room, and Deemed Area or loss of, or use of such property; (b) the quality, adequacy, compatibility or sufficiency of any Communication Spaces, Cross Connection, Entrance Link, Deemed Area, Equipment Room, In-Building Wire, Inside Wire or other portion of the Building provided to the Licensee hereunder, it being acknowledged by the Licensee that all Building Communication Spaces are provided "as is" and "where is", the use of which is at the sole risk of the Licensee; (c) the activities of any third party, under the terms of another telecommunications access license or similar agreement, whether or not the party has been escorted while within the Building; (d) any claims resulting from lightning or other electrical current passing through the Building or facilities that cause any damage to the Licensee's Equipment or result in the interruption of any Service by the Licensee; or (e) the inadequacy of any utility service, or the loss of or the failure to provide any utility service save and except for the failure of the Licensor to provide reasonable prior written notice in accordance with Section 6. The Licensee acknowledges that interruptions in the supply of any services, systems or utilities are not uncommon and the Licensee further acknowledges that any sensitive Licensee Equipment in and on the Building will be protected by the Licensee from any failure in supply or interruptions through the use of a UPS system, surge protectors and other appropriate safety systems.