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Licensee shall also require the authorized contractor it uses to comply with any <br />additional requirements Licensor specifies in its approval of the Request. <br />6. Licensor's Maintenance and Replacement of Poles. Licensee shall <br />cooperate with Licensor with respect to the maintenance, replacement, removal or <br />relocation of any Poles or the facilities thereon or which may be placed thereon or for the <br />service needs of Licensor or any other owner of an interest in said Pole or of facilities <br />thereon. Nothing contained in this Agreement shall obligate Licensor to maintain any of <br />its Poles in existence for a period of time longer than the same are convenient or <br />necessary for Licensor's own service requirements. <br />7. Term. The term of this Agreement shall commence on the Effective Date <br />and shall expire when terminated by either Party after ninety (90) days written notice. <br />8. Licensee's Waiver of Claims and Indemnity Obligations. <br />a. To the fullest extent permitted by law, Licensee hereby releases Licensor <br />and holds Licensor harmless from any and all claims or actions which might arise from <br />Licensee's use of Licensor's Poles. <br />b. To the fullest extent permitted by law, Licensee shall indemnify, defend <br />and hold harmless Licensor, its parent company, affiliates, directors, shareholders, <br />invitees, employees, agents, contractors, successors and assigns, from any and all costs, <br />liabilities, claims and expenses, including but not limited to those from death or injury to <br />any person, from a loss or damage to any real, personal or other property, or invasion or <br />loss of privacy, arising from a breach of any obligation, duty, representation or warranty <br />contained in this Agreement, or from any act or omission by Licensee, or by any of <br />Licensee's employees, agents, or contractors, in connection with this Agreement. The <br />obligations of Licensee under this section shall arise at such time, if any, that any claim is <br />made, or loss is incurred by Licensor, and the entry of judgment or the litigation of any <br />claim shall not be a condition precedent to the obligations of Licensee hereunder. <br />C. Licensee shall promptly notify Licensor of threatened or pending matters <br />to which Licensee's defense and indemnity obligations may apply. Licensee shall defend <br />at its own expense with mutually acceptable counsel any such matter; provided that <br />Licensor (and its insurers) shall at all times also have the right to fully participate in the <br />defense and consent to any settlement or compromise. <br />d. LICENSOR SHALL NOT BE LIABLE TO LICENSEE FOR ANY INCIDENTAL, <br />INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF <br />CUSTOMERS OR GOOD WILL, OR LOST REVENUE OR PROFITS), FOR ANY CAUSE OF <br />ACTION, WHETHER IN CONTRACT OR TORT, ARISING IN ANY MANNER FROM THIS <br />AGREEMENT OR THE PERFORMANCE OR NON PERFORMANCE OF OBLIGATIONS <br />HEREUNDER BYTHE LICENSEE, REGARDLESS OF THE CAUSE OR FORESEEABILITY THEREOF. <br />3 <br />