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unenforceable, such invalid provision shall be severed from this Agreement, and the remaining provisions of this Agreement will remain in effect without further impairment. 6. Breach of Agreement. In the event of a default by a party hereunder in addition to rights available at law or in equity, the non - defaulting party may (i) terminate the Agreement after 30 days prior written notice, unless the other party cures or commences to cure such breach during such 30 -day period and diligently proceeds with such cure (exercising commercially reasonable efforts). Neither party shall be liable to the other party for any delay or its failure to perform any obligation under this Agreement if such delay or failure is caused by the occurrence of any event beyond such party's reasonable control. 7. Indemnification. Each party shall indemnify, defend and hold harmless the other against all liability, claims, losses, damages and expenses (collectively, "Liability "), but only to the extent that such Liability arises from any negligent or willful misconduct, breach of this Agreement, or violation of a third party's rights or applicable law on the part of the party from whom indemnity is sought. Each party seeking such indemnification shall use reasonable efforts to promptly notify the other of any situation giving rise to an indemnification obligation hereunder, and neither party shall enter into a settlement that imposes liability on the other without the other party's consent, which shall not be unreasonably withheld. 8. Limitation of Liability. Notwithstanding anything to the contrary stated hereunder, Operator and Owner will not be liable for any indirect, special, incidental, punitive or consequential damages, including, but not limited to, damages based on loss of service, revenues, profits or business opportunities. 9. Automatic Default. Owner agrees during the term of the Agreement not to provide bulk services on Premises from another provider. A violation of this Section 9 is an automatic default of the Agreement. IN WITNESS WHEREOF, the parties have set their hands on the date indicated in their respective acknowledgments. OPERATOR Charter Communications VI, LLC By: Charter Communications, Inc., its Manager By: Printed Name: R. Adam Ray Title: Vice President, Direct Sales Date: 311 age OWNER The Yancey Condominium Association, Inc. c/o The Arter Group Date: Email: 201504864 By: Printed - : p 4 v4e Title: ► c. ►�.c. ;' F IF(�c� ��G. e GtY ✓q ru�lD. /�