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<br />MAY"'e4"'l~ 141$C) <br /> <br />P.02 <br /> <br />of_ .tudlanalysis by the licen~ or licensees found to be causing the interference. <br /> <br />27. Priorlri~ for llesolvini ln~~. lr analyses indicate imcrference among the operations <br />ofuwldple UXrJ of the Segment Route or other users of the System, the requirements for <br />eliminating interference shall be aceonfmg to the following priorities: <br /> <br />1. LeIlA's systems and operations., includina CODmlunications and electric: utility <br />installations. shalf have top priority; Licensee Facilities shall DOl interfere with LCRA's <br />systemS or operations ecisting as oftbe Commencement Date~ <br /> <br />2. Licensee Facilities and operations abalI have priority over subsequent 1i~ which <br />shall mean other licensees whose licenses were executed later than the ,Ucense Date; <br /> <br />3. Licensee Facilities and operations shan yidd to prior licensees, which shaI1 mean other <br />licensees whose licenses were executed earlier than the License Date. including their <br />predecessors or assignors; <br /> <br />4. It: at a time later than the Commencement Date. Licensee (or auother licensee or <br />LCRA) should modify its comnwnication facilities or operations, and should these <br />modifications or changes introduce interf'ucnce (including interference a.f&ctjnS any pan <br />of the System), then Licensee (or anocher licensee or LCRA) shall be treated as a <br />subsequent licensee with respect to these modific:ations or chanses, and shall yield to the <br />other System users. However. the original Licensee Facilities and operations (or original <br />facilities and operations of another licensee or LCRA) shall not lose their original priority, <br />in the e"icnt the user reverses rhe changes and returns to the original mode of operation. <br /> <br />These same interference priorities shall apply to all licensees within the System. <br /> <br />28. LlJnitation ofLjability. Notwithstanding any other provisions of this Agreement, neither <br />Party sholl be Uable ro the other for spedal, incidental, CCIIUeqvenria/. punitive or indirect <br />damJ:zge3 or for any loss oj use, reve1UJfl, 01' p'ofit suffered by the other PartY or its successors or <br />assigns, customers Of affiliates in conneCtion with any breach or obligsrtion under this Agreement, <br />nor as a result of any premises defect. interference, failure. or unavailability of the cable or any <br />equipment. &cility. or seMte to be provided by LCRA or by Licensee under this Agreement, or <br />under any other circumstanee. <br /> <br />29. fndemni6cation. ~ agrees to defend, indemnify, and hold han:nl.ess LCRA, its owners, <br />om~ directoD, unplO)'"S. agents. and aftiliates from and. against any and all claims. losses, <br />pena1tie~ forfeitures.. damages, judgmen~ causes of action, suits, liabilities, costs, and expenses, <br />ind\1ding reasoaablc expenses., costs. and attorneys' .fees, arising out of and to the extent of any <br />negligent or willful act or omission ofLic:ensee's personnel. agents. contractOT1, or subcontractors <br />of any qer that causes or cootribut~ to bodily iojury or dc:ath of any person or damage to any <br /> <br />C01lt1JtlilticaDOru CDlocallon L~ns( A.g~mtlll <br />Pe,F ., <br /> <br />LoWbt ClJlflRAOO RiVER AurHORrrr <br />