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8. RELOCATION, CONDEMNATION AND EMINENT DOMAIN <br />8.1 Required Work. If Grantor, pursuant to the terms of the License Agreement, is <br />permitted to relocate all or any portion of its System containing the City Fibers, or is <br />required to do so by the Required Rights, public authorities, or lawful order or decree of a <br />regulatory agency or court, Grantor shall perform such work in compliance with <br />prevailing industry standards. <br />8.2 Relocation Procedures. Grantor shall provide Grantee with prior written notice of any <br />relocation undertaken pursuant to Section 8.1, in no case less than thirty (30) days in <br />advance of the event, except in cases of emergency or when less notice is received from a <br />third party having the right to order relocation of the System. <br />8.3 Payment of Relocation Costs. Grantor shall bear the full cost of relocation for City <br />Fibers as required by Section 14 of the License Agreement. <br />9. DISCLAIMERS AND LIMITATION OF LIABILITY <br />9.1 Disclaimers. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, <br />GRANTOR MAKES NO WARRANTIES, REPRESENTATIONS, COVENANTS OR <br />GUARANTEES IN CONNECTION WITH THIS AGREEMENT, OR THE CITY <br />FIBERS WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT <br />LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND <br />FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER <br />PARTY BE LIABLE TO THE OTHER, WHETHER IN CONTRACT, TORT, OR <br />OTHERWISE, INCLUDING STRICT LIABILITY, FOR ANY SPECIAL, INDIRECT, <br />INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY LOST BUSINESS <br />DAMAGES IN THE NATURE OF LOST REVENUES, PROFITS AND /OR <br />GOODWILL, REGARDLESS OF THE FORESEEABILITY THEREOF. <br />9.2 No Representations. GRANTOR MAKES NO REPRESENTATIONS WITH <br />RESPECT TO THE CITY FIBERS, EXCEPT AS SPECIFICALLY SET FORTH <br />HEREIN. EXCEPT AS EXPRESSLY SET FORTH IN THIS IRU AGREEMENT, <br />GRANTOR SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR, OR IN <br />CONNECTION WITH FAILURE OF THE CITY FIBERS UNLESS SUCH <br />FAILURE IS CAUSED BY THE WILLFUL MISCONDUCT OF GRANTOR. <br />9.3 THIS ARTICLE 9 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF <br />THIS IRU AGREEMENT. <br />10. DEFAULT AND CURE <br />DEFAULT AND CURE. A PARTY SHALL BE IN DEFAULT UNDER THIS IRU <br />AGREEMENT IF SUCH PARTY FAILS TO PERFORM OR COMPLY WITH <br />ANY OBLIGATION, TERM, CONDITION OR PROVISION OF THIS IRU <br />AGREEMENT AND SUCH FAILURE CONTINUES FOR MORE THAN <br />THIRTY (30) DAYS AFTER SUCH PARTY RECEIVES WRITTEN NOTICE OF <br />-7- <br />