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obligation under this Agreement if such delay or failure is caused by the occurrence of any event <br />beyond such party' s reasonable control. <br />7. Indemnification. Each party shall indemnify, defend and hold harmless the other against <br />all liability, claims, losses, damages and expenses (collectively, "Liability "), but only to the <br />extent that such Liability arises from any negligent or willful misconduct, breach of this <br />Agreement, or violation of a third party's rights or applicable law on the part of the party from <br />whom indemnity is sought. Each party seeking such indemnification shall use reasonable efforts <br />to promptly notify the other of any situation giving rise to an indemnification obligation <br />hereunder, and neither party shall enter into a settlement that imposes liability on the other <br />without the other party's consent, which shall not be unreasonably withheld. <br />8. Limitation of Liability. Notwithstanding anything to the contrary stated hereunder, <br />Operator and Owner will not be liable for any indirect, special, incidental, punitive or <br />consequential damages, including, but not limited to, damages based on loss of service, revenues, <br />profits or business opportunities. <br />9. Automatic Default. Owner agrees during the term of the Agreement not to provide bulk <br />services on Premises from another provider. A violation of this Section 9 is an automatic default <br />of the Agreement. <br />[Signature Page Follows] <br />- 4 <br />2 0150102G <br />Rev 02/15/11 <br />