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proceeds with such cure (exercising commercially reasonable efforts). Neither party shall be liable to the <br />other party for any delay or its failure to perform any obligation under this Agreement if such delay or <br />failure is caused by the occurrence of any event beyond such party's reasonable control. <br />7. Indemnification. Each party shall indemnify, defend and hold harmless the other against all liability, <br />claims, losses, damages and expenses (collectively, "Liability "), but only to the extent that such Liability <br />arises from any negligent or willful misconduct, breach of this Agreement, or violation of a third party's <br />rights or applicable law on the part of the party from whom indemnity is sought. Each party seeking such <br />indemnification shall use reasonable efforts to promptly notify the other of any situation giving rise to an <br />indemnification obligation hereunder, and neither party shall enter into a settlement that imposes liability on <br />the other without the other party's consent, which shall not be unreasonably withheld. <br />8. Limitation of Liability. Notwithstanding anything to the contrary stated hereunder, Operator and Owner <br />will not be liable for any indirect, special, incidental, punitive or consequential damages, including, but not <br />limited to, damages based on loss of service, revenues, profits or business opportunities. <br />9. Automatic Default. Owner agrees during the term of the Agreement not to provide bulk services on <br />Premises from another provider. A violation of this Section 9 is an automatic default of the Agreement. <br />IN WITNESS WHEREOF, the parties have set their hands on the date indicated in their respective <br />acknowledgments. <br />OPERATOR <br />Charter Communications VI, LLC <br />By: Charter Communications, Imo., its Mana <br />3 II'a <br />Date: 1 /2-g / 15 <br />Drafted by: Sue E. Weiske <br />Charter Communications — Legal Department <br />6399 Fiddlers Green Cir Fl 6 <br />Greenwood CO 80111 <br />OWNER <br />The Meadows Apartment Homes, LLC <br />Date: <br />Email: <br />201501.02; <br />By: By: <br />Printed Name: R Adam Ray Printed N . e: ' *IH 0i.' 0 0 ' W Hall ' <br />Title: Vice President, Direct Sales & MDU Title: OW NIA <br />