Common use of RELEASE BY LICENSEE Clause in Contracts

RELEASE BY LICENSEE. In no event will the Licensor be liable to the Licensee and the Licensee releases the Licensor for: (a) any damage to the Licensee’s Equipment, Equipment Room, and Exclusive Use Area or loss of use of such property; (b) the quality, adequacy, compatibility or sufficiency of any Building Communication Spaces 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; (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 in office buildings and the Licensee further acknowledges that any sensitive 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; or (f) any damage, loss, cost or expense (whether below deductibles or not) which arises from damage to or loss of or use of property referred to in paragraph (a), or damage to property in respect of which the Licensee maintains property insurance coverage or is required to maintain property insurance in accordance with the terms of this Agreement, whether the property insurance is provided by a third party insurer or the Licensee self insures, it being acknowledged that the Licensor, in requiring the Licensee to maintain property insurance or to self-insure, as provided above, does so with the intent that losses, regardless of how caused, are intended to be covered by that property insurance or self-insurance without any subrogation, claim or other claim associated with the loss or damage being brought against the Licensor. This release extends to any acts or omissions of the Licensor but not to any negligent, grossly negligent or wrongful wilful acts or omissions of the Licensor except that for damage, loss, cost or expense referred to in paragraph (f) above, Licensor will only be responsible for any grossly negligent or wrongful wilful acts or omissions of the Licensor.

RELEASE BY LICENSEE. In no event will the Licensor be liable to the Licensee and the Licensee releases the Licensor for: (a) any damage damage, theft to the Licensee’s Equipment, Equipment Room, and Exclusive Use Deemed Area or loss of use of such property; (b) the quality, adequacy, compatibility or sufficiency of any Building Communication Spaces 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 licence 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; (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 63(a). The Licensee acknowledges that interruptions in the supply of any services, systems or utilities are not uncommon in office buildings and the Licensee further acknowledges that any sensitive Licensee’s 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; or (f) any damage, loss, cost or expense (whether below deductibles or not) which arises from damage to or loss of or use of property referred to in paragraph (a), or damage to property in respect of which the Licensee maintains property insurance coverage or is required to maintain property insurance in accordance with the terms of this Agreement, whether the property insurance is provided by a third third-party insurer or the Licensee self self- insures, it being acknowledged that the Licensor, in requiring the Licensee to maintain property insurance or to self-insure, as provided above, does so with the intent that losses, regardless of how caused, are intended to be covered by that property insurance or self-self- insurance without any subrogation, claim or other claim associated with the loss or damage being brought against the Licensor. This release extends except to any acts or omissions the extent of the Licensor but not to any negligent, grossly negligent or wrongful wilful acts or omissions of the Licensor except that for damage, loss, cost or expense referred to in paragraph (f) above, Licensor will only be responsible for any grossly negligent or wrongful wilful acts or omissions of the Licensor.

RELEASE BY LICENSEE. In no event will the Licensor be liable to the Licensee and the Licensee releases the Licensor for: (a) any Any damage to the Licensee’s Equipment, Equipment Room, and Exclusive Use Deemed Area or loss of use of such property; (b) the quality, adequacy, compatibility or sufficiency of any Building Communication Spaces 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 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; (e) the 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 in office buildings and the Licensee further acknowledges that any sensitive 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; or (f) any damage, loss, cost or expense (whether below deductibles or not) which arises from damage to or loss of or use of property referred to in paragraph (a), or damage to property in respect of which the Licensee maintains property insurance coverage or is required to maintain property insurance in accordance with the terms of this Agreement, whether the property insurance is provided by a third party insurer or the Licensee self insures, it being acknowledged that the Licensor, in requiring the Licensee to maintain property insurance or to self-insure, as provided above, does so with the intent that losses, regardless of how caused, are intended to be covered by that property insurance or self-self- insurance without any subrogation, claim or other claim associated with the loss or damage being brought against the Licensor. This release extends to any acts or omissions of the Licensor but not to any negligent, grossly negligent or wrongful wilful acts or omissions of the Licensor except that for damage, loss, cost or expense referred to in paragraph (f) above, Licensor will only be responsible for any grossly negligent or wrongful wilful acts or omissions of the Licensor.

RELEASE BY LICENSEE. In no event will the Licensor be liable to the Licensee and the Licensee releases the Licensor for: (a) any damage to the Licensee’s Equipment, Equipment Room, and Exclusive Use Deemed Area or loss of of, access to or use of such property; (b) the quality, adequacy, compatibility or sufficiency of any Building Communication Spaces 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; (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 in office buildings and the Licensee further acknowledges that any sensitive 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; or (f) any damage, loss, cost or expense (whether below deductibles or not) which arises from damage to or loss of or use of property referred to in paragraph (asubparagraph 11(a), or damage to property in respect of which the Licensee maintains property insurance coverage or is required to maintain property insurance in accordance with the terms of this Agreement, whether the property insurance is provided by a third party insurer or the Licensee self insures, it being acknowledged that the Licensor, in requiring the Licensee to maintain property insurance or to self-insure, as provided above, does so with the intent that losses, regardless of how caused, are intended to be covered by that property insurance or self-insurance without any subrogation, claim or other claim associated with the loss or damage being brought against the Licensor. This release extends to any acts or omissions of the Licensor but not to any negligent, grossly negligent or wrongful wilful acts or omissions of the Licensor except that for damage, loss, cost or expense referred to in paragraph (f) above, Licensor will only be responsible for any grossly negligent or wrongful wilful acts or omissions of the Licensor.

RELEASE BY LICENSEE. In no event will the Licensor be liable to the Licensee and the Licensee releases the Licensor for: (a) any damage to the Licensee’s Equipment, Equipment Room, and Exclusive Use Deemed Area or loss of use of such property; (b) the quality, adequacy, compatibility or sufficiency of any Building Communication Spaces 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; (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 in office buildings and the Licensee further acknowledges that any sensitive 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; or (f) any damage, loss, cost or expense (whether below deductibles or not) which arises from damage to or loss of or use of property referred to in paragraph (a), or damage to property in respect of which the Licensee maintains property insurance coverage or is required to maintain property insurance in accordance with the terms of this Agreement, whether the property insurance is provided by a third party insurer or the Licensee self insures, it being acknowledged that the Licensor, in requiring the Licensee to maintain property insurance or to self-insure, as provided above, does so with the intent that losses, regardless of how caused, are intended to be covered by that property insurance or self-self- insurance without any subrogation, claim or other claim associated with the loss or damage being brought against the Licensor. This release extends to any acts or omissions of the Licensor but not to any negligent, grossly negligent or wrongful wilful acts or omissions of the Licensor except that for damage, loss, cost or expense referred to in paragraph (f) above, Licensor will only be responsible for any grossly negligent or wrongful wilful acts or omissions of the Licensor.

RELEASE BY LICENSEE. In no event will the Licensor be liable to the Licensee and the Licensee releases the Licensor for: (a) any damage to the Licensee’s Equipment, Equipment Room, and Exclusive Use Deemed Area or loss of use of such property; (b) the quality, adequacy, compatibility or sufficiency of any Building Communication Communications Spaces provided to the Licensee hereunder, it being acknowledged by the Licensee that all Building Communication Communications 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; (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 in office buildings and the Licensee further acknowledges that any sensitive 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; or (f) any damage, loss, cost or expense (whether below deductibles or not) which arises from damage to or loss of or use of property referred to in paragraph (a), or damage to property in respect of which the Licensee maintains property insurance coverage or is required to maintain property insurance in accordance with the terms of this Agreement, whether the property insurance is provided by a third party insurer or the Licensee self insures, it being acknowledged that the Licensor, in requiring the Licensee to maintain property insurance or to self-insure, as provided above, does so with the intent that losses, regardless of how caused, are intended to be covered by that property insurance or self-insurance without any subrogation, claim or other claim associated with the loss or damage being brought against the Licensor. This release extends to any acts or omissions of the Licensor but not to any negligent, grossly negligent or wrongful wilful acts or omissions of the Licensor except that for damage, loss, cost or expense referred to in paragraph (f) above, Licensor will only be responsible for any grossly negligent or wrongful wilful acts or omissions of the Licensor.

RELEASE BY LICENSEE. In no event will the Licensor be liable to the Licensee and the Licensee releases the Licensor for: (a) any Any damage to the Licensee’s 's Equipment, Equipment Room, and Exclusive Use Deemed Area or loss of use of such property; (b) the quality, adequacy, compatibility or sufficiency of any Building Communication Spaces 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 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 's Equipment or result in the interruption of any service by the Licensee; (e) the The inadequacy of any utility service, or the loss of or the failure to provide pro-vide 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 in office buildings and the Licensee further acknowledges that any sensitive 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; or (f) any damage, loss, cost or expense (whether below deductibles or not) which arises from damage to or loss of or use of property referred to in paragraph (a), or damage to property in respect of which the Licensee maintains property insurance coverage or is required to maintain property insurance in accordance with the terms of this Agreement, whether the property insurance is provided by a third party insurer or the Licensee self insures, it being acknowledged that the Licensor, in requiring the Licensee to maintain property insurance or to self-insure, as provided above, does so with the intent that losses, regardless of how caused, are intended to be covered by that property insurance or self-insurance without any subrogation, claim or other claim associated with the loss or damage being brought against the Licensor. This release extends to any acts or omissions of the Licensor but not to any negligent, grossly negligent or wrongful wilful acts or omissions of the Licensor except that for damage, loss, cost or expense referred to in paragraph (f1) above, Licensor will only be responsible for any grossly negligent or wrongful wilful acts or omissions of the Licensor.