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prevent OneCommunity and Subscriber from amending the current Agreement or entering into a new one
<br />that (s acceptable to both parties.
<br />Lj) Mayfield Village may terminate or suspend the Services under this Agreement by providing 90 days written
<br />notice.
<br />8. Warrantles and Limitatfon of Liabflity
<br />8.1. WARRANTIES. MAYfIEi.D VILLAGE MAKES NO WARRANTIES OF AiVY KIND, O7HER THAN THOSE EXPRESSLY SET
<br />FORTH IN THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TU ANY IMPLfED
<br />WARRANTY OF MERCHANTABILI7Y, OR FITfVESS FOR A PARTfCULAR PURPOSE, WITH RESPEC7 7U THE USE OR
<br />PROVISION OF THE MAYFIELD VILLAGE OR ONECOMMUNITY NETWORK CONNECf10N OR ANY ADDlT10NAl.
<br />SERVtCE5, MAYFIELD VILLAGE'S ENTIRE LIABILITY FOR ALI. CLAIMS OF WHATEVER NATURE (INCLUDING CLAIMS
<br />BASEp ON NEGI.IGENCE) ARISING OUT OF THE PROVISIOM BY MAYFIElD VILLAGE OF FACILIi'IES, TRANSMISSION,
<br />DATA, SERVICES OR EQUiPMENT,' INCLUDING, BUT NOT LIMITED TO, DAMAGE TO REAL OR PERSONAL
<br />PROPERTY, AND NOT CAUSED IN WHOLE OR PART BY SUgSCRIBER OR ANY THIRD pAR7Y, SHALL NOT EXCEED
<br />7HE LIMITS SET FORTH IN SEC710N 11, PROVIDED TNAT THE FOREGOING LIMITATIONS SHAI.L NOT APPLY FOR
<br />DEATN OR PERSONAL 1NJURY CAUSED BY ONECOMMUNIiY, OR FOR ANY O7HER LIABILiTY WHICH MAY N07 BY
<br />APPLICABLE lAW BE EXCLUDED OR LIMITED.
<br />8.2. LIABILITY. NEITHER MAYFIELD VILLAGE iVOR ITS NETVUURK SERVICE SUPPLIERS SHALL BE LIABLE TO SUBSCRIBER
<br />FOR AfVY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUEIVTfAI, RELIANCE OR O7HER FORM OF
<br />MONEY DAMAGES OTHER THAN AMOUNTS COVEREb SOLELY BY ONE OR MORE OF THE fNSURANCE POLICIES
<br />IDENTIFIED !N SECTIOIV 11 OF THIS AGREEMENT. 7HE SUBSCRIBER SHALL NO7 BE ENTITLED TO RECOVERY FOR
<br />LOS7 PROFITS, LOSI' REVENUES, LOST SAVINGS, LOST Bl1SINESS OPPORTUIVITY OR DAMAGES FOR THE LOSS,
<br />DELAY, NON-DELIVERY OR MfSS-DELIVERY OF DATA OR INFORMATION OR SERVICE INTERRUPTION OF ANY
<br />KIND, HOWEVER CAIiSED, ARISING OU7 OF OR IN CONNECTIOiU WITH THE USE OF PROVISIONING OF 7HE
<br />ONECOMMUNITY NETWORK CONNECTION, OR RELATED COMMUNICATION SERVICES, WHETHER BASEd IN
<br />CONTRACT, TOR'f OR AiVY O7HER LEGAL THEORY UNLESS SUCH I.OSS IS COVERED SY ONE OR MORE OF 7HE
<br />INSURANCE POLIClES IDENTIFIED 1N SECTIQN li OF THIS AGREEMEfVT.
<br />8.3. SPECIFIC EXCLUS101VS. 1N NO CIRCUMSTANCES SHALL MAYFIELD V1LlAGE, PfS SUBCONTRACTORS OR AGENTS 8E
<br />I.IABLE FOR ANY OF THE FOLLOWfNG, EVEfV IF INFORMED OF THEIR POSSIBILI7Y AND REGARDLESS OF 7HE FORM
<br />OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY OR TORT, INCLUDIIVG, WITHOUT
<br />LIMITATION, IVEGLIGENCE OF ANY KIND WHETHER ACTIVE OR PASSIVE:
<br />(a) 7HIRD PARTY CLAIMS AGAINSY SUBSCRIBER FOR DAMAGES;
<br />(b) LOSS OF OR DAMAGE TO SUBSCiitBER'S RECORDS OR DATA OR THOSE OF AIVY THIRD PARTY;
<br />(c) ANY DEWY, LOSS, DAMAGE pR SERVICE FAILURE ATTRIBUTABLE TO ANY SERVICE, PRODUCT OR ACTIONS
<br />OF ANY PERSON OTNER THAN US, OUR EMPLOYEES AND AGEIVT5, INCLl1DlNG BUT NOT LIMITED 70
<br />DELAY, LOSS, DAMAGE OR SERVICE FAII.URE A7TRIBUTABLE TO COMPl1TER VIttUSES, WORMS,
<br />COMPUTER SABOTAGE, "DENIAL OF 5ERVICE" A'iTACKS, DNS SPOOFING ATTACKS AND/OR OTHER
<br />HACKiNG A'[TACKS OF A SIMILAR NATURE; OR
<br />(d) 1NTEROPERABII.I7Y OF SUBSCRIBER'S EQUIPMENT dR APPlICA710NS.
<br />8.4. Unauthorized Access. Except as otherwise provided in Section 3.1 of this Agreement, neither Mayfield Village nor
<br />its servlce supptiers shall be liabfe for unauthorized access to Subscriber's transmission facilities or premise
<br />equipment or for unauthorized access to or alterations, theft or destruction of Subscriber's datp files, programs,
<br />procedures, or information through accident, fraudulent means or devices, or any other method. Subscriber
<br />understands that neithEr Mayfiel8 Village nor its servlce supptiers are responsibfe for the content of the
<br />transmissions that may pass through the Mayfield V111age or OneCommunity Network connection, or related
<br />communication services. Neither Mayfield Vilfage nor its service suppliers shall be liable for the accuracy or quality
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<br />OtleCOt71!"ilt-11l1ty Page 6 of 9 Revislart 541412.2
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