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(i) Subscriber relocates to a new location where direct transfer of services is (i) not commercially viable at the
<br />same prices or (ii) not feasible for the Subscriber to continue as defined in this Agreement. This does not
<br />prevent OneCommunity and Subscriber from amending the ctrrrent Agreernent or entering into a new one
<br />that is acceptable to both parties.
<br />(j} Mayfield Village may terminate or suspend the Services under this Agreement by providing 90 days written
<br />notice.
<br />8. Warranties and Limitation of Ltab(lfty
<br />8.1. WARRAN7IES. MAYFIELD VILLAGE MAKES NO WARRANTIES OF ANY KIND, OTHER THAN THOSE EXPRESSLY SET
<br />FORTH IIV 7HIS AGREEMEN7', WHETHER EXPRESS OR IMPLIED, INCIUDING BUT NOT LIMITEQ TO ANY IMPLIED
<br />WARRANTY OF MERCHANTABILITY, OR FIT(VESS FOR A PARTICULAR PURPOSE, WiTH RESPECT TO THE USE OR
<br />PROVISION OF THE MAYFIELD VII.LAGE OR ONECOMMUNITY NETWORK CONNECTION OR ANY ADDITIONAL
<br />SERVICES. MAYFIELD VILIAGE'S EMT(RE LIABILITY FOR ALL CLAIMS OF WHATEVER NATURE J1NCLUDIIVG CLAIMS
<br />BASED ON NEGLIGENCE) ARISING OUT OF THE PROVISION BY MAYFIELD VILLAGE OF FACILITIES, TRANSMISSION,
<br />DATA, SERVICES OR EQUIPMENT, IiVCLUDING, BUT NOT LIMITED TO, DAMAGE TO R@AL OR PERSONAL
<br />PROPERTY, AND NO7 CAUS@D IN WHOLE OR PART 8Y SUBSCRIBER OR ANY THIRD PARTY, SHALL NOT EXCEED
<br />THE LIMITS SET FOfi7H IN SECTIOfV 11, PROVIDED THAT THE FOREGOING LIMITATIONS SHALL NOT APPLY FOR
<br />DEATH OR PERSOIVAL INJURY CAUSED BY ONECOMMUNI'fY, OR FOR ANY OTHER LIABlLkTY WHICH MAY N07 BY
<br />APPUCABLE LAW BE EXCLUDED OR LIMITED.
<br />8.2. LIABtLITY. NEITHER MAYFIELD VILlAGE NOR ITS NETWORK SERVICE SUPPLIERS SHALL BE LIABLE TO SUBSCRIBER
<br />FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, RELIANCE OR OTHER FORM OF
<br />MONEY DAMAGES O'fHER 7HAN AMOUNTS COVERED SOLELY BY ONE OR MORE OF THE INSURANCE POLICIES
<br />IDENTIFIED IN SECTiON 11 OF THIS AGREEMENT. THE SUBSCRIBER SHALL NOT 8E ENTITLED TO RECOVERY fOR
<br />LOST PROFITS, LpST REVEfVUES, lOST SAVINGS, LOST BUSfNESS OPPORTUNITY OR DAMAGES FOR THE LOSS,
<br />DELAY, NON-DELIVERY OR MISS-DELIVERY OF DATA OR INFORMATION OR SERVICE IIVTERRUPTION OF ANY
<br />KIND, HOWEVER CAUSED, ARISING OUT OF OR !N CONNECTION WITH THE USE OF PROVISIONING OF THE
<br />ONECOMMUNITY NETWORK CONIVECTION, OR RELATED COMMUNICATfON SERVICES, WHETHER BASED IN
<br />CONTRACT, TORT OR ANY O7HER LEGAL THEORY UNLESS SUCH LOSS IS COVERED BY ONE OR MORE OF THE
<br />INSURANCE POLICIES IDENTIFIED IN 5ECTION 11 OF 7HlS AGREEMEN7.
<br />8.3. SPECIFIC EXCLUSIONS. IN NO CIRCUMSTANCES SHALL MAYFIELR VILLAGE, ITS SUBCONTRACTORS OR AGEiVTS BE
<br />LIABLE FOR ANY OF 7HE FOLLOWING, EVEN IF INFORMED OR THEIR POSSIBILITY AIYD REGARDLESS OF THE FORM
<br />OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY OR TORT, INCLUDING, WITHOUT
<br />LIMITATION, NEGLIGENCE OF AfVY KIND WHETHER ACTIVE OR PASSIVE;
<br />(a) 7HIRD PARTY CLAIMS A6AINS7 SUBSCRIBER FOR DAMAGES;
<br />(b) LOSS OF OR DAMAGE TO SUBSCRIBER'S RECORDS OR DATA OR THOSE OF ANY THIRD PARTY;
<br />(C) ANY DELAY, LOSS, DAMAGE OR SERVICE FAILURE ATTRIBUYABLE 70 ANY SERV[CE, PaODUCT OR ACTIONS
<br />• OF AI11Y PERSO(V O7HER THAN US, OUR EMPLOYEES AND AGEN7S, INCLUDING BUT NOT LIMITED TO
<br />DELAY, LOSS, DAMAGE OR SERVICE FAILURE ATTRIBUTABLE 70 COMPU7ER ViRUSES, WORMS,
<br />COMPUTfR SABOTAGE, "DENIAL OF SERVICE" ATTACKS, DNS SPOOFING ATTACKS AND/Ofi O7HER
<br />HACKING ATTACKS OF A SIMILAR NATURE; OR
<br />(d) INTERQPEEtABI11TYOFSUBSCRIBER'SEqUIPMEN70RAPPLlCAT10NS.
<br />8,4. ltnauthorized Access. Except as otherwise provlded in Section 3.1 of this Agreement, neither Mayfield Viilage nor
<br />its service suppliers shall be liabte for unauthorized access to Subscriber's transmission facilities or premise
<br />equipment or for unauthorized access to or aiterations, theft or destruction of Subscriber's data f+les, programs,
<br />procedures, or information through accident, fraudulent means or devices, or any other method. Subscriber
<br />understands'that neither Mayfield VilEage nor its servfce suppliers are responsible for the content of the
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