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<br />I <br /> <br />I <br /> <br />I <br /> <br />ThIS mdemmty oblIgatIOn Will not apply to a claim or demand that results from the negligence, <br />mtentIOnal acts or omISSIOns of the LIcensor, ItS officers, employees, agents or contractors. The <br />CIty'S responsibIlIty under thIS SectIOn IS lImIted to ItS lIabIlIty under applIcable law <br /> <br />1506 ThIS Agreement IS not mtended and Will not be construed as any form of Waiver of <br />Immumty agamst SUIt or lIabIlIty by the LIcensor or any Licensor officer or employee. <br /> <br />15 07 All mdemmficatIOn oblIgatIOns of the LIcensee under thIS Agreement are mdependent of <br />one another; no mdemmficatlOn provIsIOn WIll be construed m any way to lImIt any other <br />mdemmficatIOn provlSlon contamed m thIS Agreement. <br /> <br />ARTICLE 16. ASSUMPTION OF RISKS BY LICENSEE; DISCLAIMER OF <br />WARRANTIES BY LICENSOR <br /> <br />1601 THE LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSOR DOES <br />NOT WARRANT THE CONDITION OR SAFETY OF LICENSOR'S FACILITIES OR <br />POLES, OR THE PREMISES SURROUNDING THE POLES, AND THE LICENSEE <br />ASSUMES ALL RISKS OF ANY DAMAGE, INJURY OR LOSS OF ANY NATURE <br />WHATSOEVER CAUSED BY OR IN CONNECTION WITH THE LICENSEE'S USE OF <br />LICENSOR'S FACILITIES, THE POLES, AND ALL ASSOCIATED FACILITIES AND <br />EQUIPMENT ON, WITHIN, OR NEAR THE POLES, UNLESS CAUSED BY THE GROSS <br />NEGLIGENCE OR INTENTIONAL ACTS OF THE LICENSOR. <br /> <br />1602. By executmg thIS Agreement, the LIcensee warrants that It has fully acquamted, or wIll <br />fully acquamt, Itself and ItS employees, contractors and agents With the facilIties, condItIOns, <br />dIfficulties, dangers and restnctIOns relatmg to all work that the LIcensee Will undertake under <br />thIS Agreement. <br /> <br />1603 THE LICENSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH <br />REGARD TO THE LICENSOR'S FACILITIES OR THE POLES, ALL OF WHICH ARE <br />HEREBY DISCLAIMED THE LICENSOR EXPRESSLY DISCLAIMS ANY IMPLIED <br />WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A P ARTICULAR PURPOSE. <br /> <br />16 04 THE LICENSEE ACKNOWLEDGES THAT THE LICENSOR DOES NOT <br />WARRANT THAT THE LICENSOR'S FACILITIES OR POLES ARE PROPERLY <br />LABELED, AND THE LICENSEE AGREES THAT THE LICENSOR IS NOT LIABLE FOR <br />ANY INJURIES OR DAMAGES CAUSED BY OR IN CONNECTION WITH MISSING <br />LABELS OR OTHERWISE IMPROPERLY LABELED FACILITIES, PREMISES, OR POLES <br />THE LICENSEE FURTHER AGREES TO IMMEDIATELY NOTIFY THE LICENSOR IF <br />LABELS OR TAGS ARE MISSING OR OTHERWISE IMPROPER. LICENSEE ASSUMES <br />NO LIABILITY TO LICENSOR FOR LICENSEE'S FAILURE TO NOTIFY LICENSOR IF <br />LABELS OR TAGS ARE MISSING OR OTHERWISE IMPROPER. <br /> <br />17 <br />