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7.2 EXCLUSION OF WARRANTIES. EXCEPT AS SPECIFICALLY SET FORTH IN
<br />THIS AGREEMENT, ONECOMMUNITY MAKES NO WARRANTY TO THE VILLAGE,
<br />ANY CUSTOMER, OR ANY OTHER ENTITY, WHETHER EXPRESS, IMPLIED OR
<br />STATUTORY, AS TO THE INSTALLATION, DESCRIPTION, QUALITY,
<br />MERCHANTABILITY, COMPLETENESS, USEFUL LIFE, FUTURE ECONOMIC
<br />VIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY FIBERS, THE
<br />SYSTEM, OR ANY SERVICE PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR
<br />AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES ARE HEREBY
<br />EXPRESSLY EXCLUDED AND DISCLAIMED.
<br />Section 8. Limitation of Liability.
<br />8.1 EXCLUSION OF INDIRECT DAMAGES. NOTWITHSTANDING ANY
<br />PROVISION OF THIS AGREEMENT TO THE CONTRARY, NEITHER PARTY WILL BE
<br />LIABLE TO THE OTHER PARTY OR ITS EMPLOYEES, OFFICERS, DIRECTORS,
<br />MEMBERS, MANAGERS, FACILITY OWNERS, LENDERS AND AFFILIATES FOR ANY
<br />SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR
<br />DAMAGES FOR LOST REVENUE OR LOST PROFITS, WHETHER FORESEEABLE OR
<br />NOT, ARISING OUT OF OR IN CONNECTION WITH SUCH PARTY'S PERFORMANCE
<br />OR FAILURE TO PERFORM ITS RESPECTIVE OBLIGATIONS HEREUNDER,
<br />INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE (WHETHER
<br />ARISING OUT OF' TRANSMISSION INTERRUPTIONS OR PROBLEMS, ANY
<br />INTERRUPTION OR DEGRADATION OF SERVICE OR OTHERWISE), OR CLAIMS OF
<br />CUSTOMERS WHETI~ER OCCASIONED BY ANY OBLIGATIONS PERFORMED BY, OR
<br />FAILED TO BE PERFORMED BY, THE OTHER PARTY OR ANY OTHER CAUSE
<br />WHATSOEVER, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY,
<br />NEGLIGENCE, OR STRICT LIABILITY, ALL CLAIMS FOR WHICH DAMAGES ARE
<br />HEREBY SPECIFICALLY WAIVED.
<br />8.2 No Recourse Against Released Parties. Neither Party will have any recourse of
<br />any kind against any Rreleased Party or any assets of a Released Party in respect of any claim
<br />except in the case of ;such Released Party's gross negligence or willful misconduct, it being
<br />expressly agreed and understood that no liability whatever will attach to or be incurred by any
<br />Released Party in respect of any other claims under or by reason of this Agreement or any other
<br />instrument, arrangement or understanding related to the System or OneCommunity's IRU. Each
<br />Party waives all such recourse to the extent set forth in this Section on behalf of its successors,
<br />assigns, and any entity claiming by, through, or under such Party.
<br />8.3 Pursuit of Actions Against Facility Owners. Notwithstanding the foregoing
<br />provisions of this Section, but only under those circumstances and to the extent OneCommunity
<br />is required under the terms and provisions of any Required Right to indemnify a Facility Owner
<br />from and against any and all claims arising out of service interruption, cessation, unreliability of
<br />or damage to the System, regardless of whether such claims arise from the sole or partial
<br />negligence, willful misconduct or other action or inaction of such Facility Owner, the Village
<br />hereby releases such Facility Owner, and hereby waives as to Facility Owner, all claims arising
<br />out of service interruption, cessation, unreliability of or damage to the Fibers regardless of
<br />70 As of 01/29/2009
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