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<br />5. Claims of Other Licensees alleging interference from the Licensee's Facilities or damage <br />to the facilities of the Other Licensees; or <br /> <br />6. Claims relating to the Licensee's use of its Attachments, including without limitation <br />claims of libel and slander and infringement of intellectual property rights. <br /> <br />This indemnity obligation will not apply to a claim or demand that results solely from the intentional <br />acts of the City, its officers, employees, agents or contractors. <br /> <br />Section 16.06. This Agreement is not intended and will not be construed as any form of waiver of <br />immunity against liability by the City or any City officer or employee. <br /> <br />Section 16.07. All indemnification obligations of the Licensee under this Agreement are independent <br />of one another; no indemnification provision will be construed in any way to limit any other <br />indemnification provision contained in this Agreement. <br /> <br />Section 16.08. The Licensee will not be liable to the City under this Agreement for any punitive <br />damages. <br /> <br />ARTICLE 17. ASSUMPTION OF RISKS BY LICENSEE; DISCLAIMER OF <br />WARRANTIES BY CITY <br /> <br />Section 17.01. THE LICENSEE ACKNOWLEDGES AND AGREES THAT THE CITY DOES <br />NOT WARRANT THE CONDITION OR SAFETY OF CITY FACILITIES, THE POLES, OR THE <br />PREMISES SURROUNDING THE POLES, AND THE LICENSEE ASSUMES ALL RISKS OF <br />ANY DAMAGE, INJURY OR LOSS OF ANY NATURE WHATSOEVER CAUSED BY OR IN <br />CONNECTION WITH THE LICENSEE'S USE OF CITY FACILITIES, THE POLES, AND ALL <br />ASSOCIATED FACILITIES AND EQUIPMENT ON, WITHIN, OR NEAR THE POLES. <br /> <br />Section 17.02. By executing this Agreement, the Licensee warrants that it has fully acquainted, or <br />will fully acquaint, itself and its employees, contractors and agents with the facilities, conditions, <br />difficulties, dangers and restrictions relating to all work that the Licensee will undertake under this <br />Agreement. <br /> <br />Section 17.03. THE CITY MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH <br />REGARD TO THE CITY FACILITIES OR THE POLES, ALL OF WHICH ARE HEREBY <br />DISCLAIMED. THE CITY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF <br />MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. <br /> <br />Section 17.04. THE LICENSEE ACKNOWLEDGES THAT THE CITY DOES NOT WARRANT <br />THAT THE CITY FACILITIES OR THE POLES ARE PRO PERL Y LABELED, AND THE <br />LICENSEE AGREES THAT THE CITY IS NOT LIABLE FOR ANY INJURIES OR DAMAGES <br />CAUSED BY OR IN CONNECTION WITH MISSING LABELS OR OTHERWISE <br />IMPROPERLY LABELED FACILITIES, PREMISES, OR POLES. THE LICENSEE FURTHER <br />AGREES TO IMMEDIATELY NOTIFY THE CITY IF LABELS OR TAGS ARE MISSING OR <br />OTHERWISE IMPROPER. <br /> <br />16 <br /> <br />C:\TEMP\Fiber America pole att.doc <br />