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D. Notwithstanding anything to the contrary herein, the City Network (including the
<br />Fiber Capacity) shall be operated, repaired and maintained by the Grantor. The
<br />parties agree that the Grantor shall have no liability for any loss, claim, judgment,
<br />cost,, expense (including attorneys' fees)�, damage, death or injury sustained by the
<br />Grantee that is attributable to a failure of the fiber optic network.
<br />E. This Agreement does not constitute an assignment or transfer by the Grantor of
<br />any severable or identifiable component of the City Network, including the fiber
<br />optic cables utilized by the Grantee.
<br />F. The Grantee understands,, agrees and expressly acknowledges that from time to
<br />time transmission(s) of voice, video or data utilizing the Fiber Capacity (and the
<br />City Network in general) may be interrupted to perform repairs or maintenance or
<br />as a result of an act,, error or omission by the Grantor (and its officers, directors,
<br />employees agents and volunteers). The Grantee further agrees, understands and
<br />expressly acknowledges that an interruption of voice, video and data
<br />transmission(s) may also occur due to severe weather, Force Majeure situations
<br />and other acts of God. In addition,, the Grantee understands that the Grantor is
<br />providing the Fiber Capacity AS IS, with all its faults, and makes no
<br />representations, warranties (express or implied, statutory or otherwise 1, covenants
<br />or assurances hereby that it will provide uninterrupted or continuous transmission
<br />of the Grantee's voice,, video and/or data,, and the Grantor expressly disclaims any
<br />statutory,, express or implied warranties with regard to this Agreement, the Fiber
<br />Capacity and/or the transmission of voice, video or data over the Fiber Capacity.
<br />G. The failure of either party to insist on or enforce, in any instance,, strict
<br />performance by the other of any of the terms of this Agreement or to exercise
<br />rights conferred herein shall not be construed as a waiver or relinquishment of its
<br />right to assert or rely upon any such terms or rights. The parties hereto may only
<br />waive their rights under this Agreement by expressly so stating in writing. Any
<br />such written waiver by the Grantor or the Grantee shall not operate as a waiver or
<br />relinquishment of any right or Agreement term on any future occasion.
<br />H. This Agreement is personal to the Grantee. Accordingly, the Grantee may not,
<br />without the Grantor's prior written consent, which consent may be withheld in the
<br />Grantor's sole discretion,, assign or otherwise transfer this Agreement and/or any
<br />right or interest granted hereunder.
<br />I. In no event shall the Grantor be liable to the Grantee for any direct, indirect,
<br />consequential, incidental, liquidated or special damages, or for lost revenues, lost
<br />profits,, costs,, expenses (including attorneys' fees), or inconvenience the Grantee
<br />may incur which is attributable to, or arises out of, the Grantor's performance or
<br />non-performance of any provision of this Agreement, even if the Grantee has
<br />informed the Grantor of the possibility of those damages, lost profits,, costs and
<br />expenses. This paragraph explicitly applies to, but is not necessarily limited to,
<br />planned and unplanned City Network outages which affect the Fiber Capacity.
<br />J. The rights and remedies granted to the Grantee under this Agreement constitute
<br />the Grantee's sole and exclusive remedy against the Grantor, directors, officers,
<br />employees, agents and volunteers for any and all claims arising in connection
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