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17. DISCLAIMER <br />LICENSOR MAKES NO REPRESENTATION OR WARRANTY <br />WHATSOEVER CONCERNING THE SUITABILITY OR CONDITION OF ANY <br />LIGHT POLE. FURTHERMORE, IT IS SPECIFICALLY UNDERSTOOD AND <br />HEREBY ACKNOWLEDGED BY LICENSEE THAT ANY LIGHT POLE MADE <br />AVAILABLE HEREUNDER, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, <br />WILL BE PROVIDED BY LICENSOR ONLY ON AN "AS -IS" BASIS AND WITHOUT <br />ANY WARRANTY BY LICENSOR ABOUT THE CONDITION OF THE LIGHT POLE <br />OR ITS SUITABILITY FOR LICENSEE'S PURPOSES. FURTHER, LICENSEE'S <br />RIGHTS HEREUNDER SHALL BE SUBORDINATE TO LICENSOR'S USE OF THE <br />LIGHT POLE FOR MUNICIPAL SERVICES. <br />18. GENERAL PROVISIONS <br />a. California Law. This Agreement, and performance pursuant to it, shall be <br />governed, interpreted, construed, and regulated by the laws of the State of California, <br />without reference to its conflicts of laws provisions. <br />b. Assignmen . Neither Partymay assign, transfer, sublease, or sublet any right, <br />obligation, or privilege given to it hereunder without the prior written consent of the other <br />Party. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding <br />upon the respective successors and assign�of the Parties hereto. <br />c. Interpretation The language of each part of this Agreement shall be construed <br />simply and according toits fair meaning, an ' d shall never be construed either for or against <br />either Party, regardless of which Party may have drafted the provision. <br />d. Nature of Rights. Nothing in this Agreement shall preclude Licensor from <br />granting any third -party permission to use available capacity on a Light Pole in ways that <br />do not interfere with the rights granted to Licensee under this Agreement. <br />e. Invalidity of Provisions. To the extent that any terms or provisions of this <br />Agreement shall be finally determined by a court of competent jurisdiction to be invalid, <br />(i) such invalidity shall not affect, release or modify any other terms or provisions, and (ii) in <br />lieu of each such provision which is invalid, illegal or unenforceable, there shall be <br />substituted or added as part of this Agreement a legal, valid and enforceable provision which <br />shall be selected to be as similar as possible, in achieving the economic and business <br />objectives of the Parties, to such illegal, invalid or unenforceable provision. <br />f. Waiver. The failure of either Party to enforce any provision of this Agreement or <br />the waiver thereof in any instance, including but not limited to the right to terminate, shall <br />not be construed as a general waiver or relinquishment on its part of any such provision but <br />the same shall nevertheless be and remain in full force and effect. <br />55394.00025\29221101.1 -9- <br />55A-1 95 <br />