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7.1 Waiver of Claims. Licensee waives any and all claims, demands, causes of action, <br />and rights it may assert against the Licensor on account of any loss, damage, or injury to any <br />Equipment or any loss or degradation of the Services as a result of any event or occurrence which <br />is beyond the reasonable control of the Licensor. <br />7.2 Waiver of Subrogation. Licensee hereby waives and releases any and all rights <br />of action for negligence against Licensor which may hereafter arise on account of damage to <br />Equipment, Municipal Facilities or to the ROW, resulting from any fire, or other casualty of the <br />kind covered by standard fire insurance policies with extended coverage, regardless of whether or <br />not, or in what amounts, such insurance is now or hereafter carried by the Licensee. This waiver <br />and release shall apply between the parties and they shall also apply to any claims under or through <br />either party as a result of any asserted right of subrogation. All such policies of insurance obtained <br />by Licensee concerning the Municipal Facilities, Equipment or the ROW shall waive the insurer's <br />right of subrogation against the Licensor, <br />7.3 Limitation on Consequential Damages. Neither party shall be liable to the other, <br />or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss <br />of technology, rights or services, incidental, punitive, indirect, special or consequential damages, <br />loss of data, or interruption or loss of use of service, even if advised of the possibility of such <br />damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. <br />8. PERFORMANCE BOND. In order to secure the performance of its obligations under <br />this Agreement, Licensee will provide the following security instrument to the Licensor: <br />8.1 Performance Bond. Prior to the commencement of any work under this <br />Agreement, Licensee must provide a performance bond running to the Licensor according to this <br />Section 8.1. The amount of the Bond shall be based on. the number of attachments in the following <br />amounts: <br />Nurnber of Municipal Facilities <br />Required Security <br />1-25 <br />$25,000 <br />26-50 <br />_ _ <br />$50,000 <br />51-100 <br />$75,000 <br />101-300 <br />$100 000 <br />301-1000 <br />_ <br />$150,000 <br />Greater than 1000 <br />_ <br />$200,000 <br />The performance bond is conditioned upon the faithful performance by Licensee of all the terms <br />and conditions of this Agreement and upon the further condition that if Licensee fails to comply <br />with any terms or conditions governing this Agreement, there shall be recoverable jointly and <br />severally from the principal and surety of the bond any damage or loss suffered by the Licensor as <br />a result, including the full amount of any compensation, indemnification, or costs of removal or <br />abandonment of Licensee's property, plus costs and reasonable attorneys' fees up to the full <br />amount of the performance bond. Licensee will keep the performance bond in place during the <br />term of this Agreement, This bond shall also fulfill the requirernents of Section 33-240(c)(7) of <br />Page 13 of 22 <br />1907350271 <br />