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�0�10�41� during the Agreement Term and (i) shall not grant any other provider rights to use the Internal shall prohibit other providers from using the same. Without limiting Operator's exclusive rights to use Internal Wiring and its Equipment, shou: antenna, or signal amplification system or (B) any Owner modification, relocation of, and/or wor Wiring interfere with the provision of Operator's Services, Owner shall eliminate such interferer In the event (i) installation, repair, maintenance, or proper operation of the Equipment, an provision of the Services is not possible at any time as a result of interference, obstruction, or otY caused by Operator, or (ii) such interference, obstruction, or other condition (or the cause th negative consequences to Operator's personnel safety or the Equipment, as Operator may dete� discretion, Operator may terminate this Agreement without liability upon written notice to Owner. and (ii) either (A) an on the Internal e immediately. 'or unhindered r condition not eofl will have iine in its sole 3. Owner represents and warrants that it is the legal owner of and the holder of fee title to the remises; that it has the authority to execute this Agreement. The person signing this Agreement represents an warrants that he/she is Owner's authorized agent with full authority to bind Owner hereto. If any one or more o the provisions of this Agreement are found to be invalid or unenforceable, such invalid provision shall be se ered from this Agreement, and the remaining provisions of this Agreement will remain in effect without further i pairment. 4. In the event of a default by a party hereunder in addition to rights available at law or in defaulting party may (i) terminate the Agreement after 30 days prior written notice, unless the oth commences to cure such breach during such 30-day period and diligently proceeds with such commercially reasonable efforts). Neither party shall be liable to the other party for any delay perform any obligation under this Agreement if such delay or failure is caused by the occurrer beyond such party's reasonable control. S. Each party shall indemnify, defend and hold harmless the other against all liability, claims, lo: expenses (collectively, "Liability"), but only to the extent that such Liability arises from any ne misconduct, breach of this Agreement, or violation of a third party's rights or applicable law � party from whom indemnity is sought. Each party seeking such indemnification shall use rea promptly notify the other of any situation giving rise to an indemnification obligation hereunder, shall enter into a settlement that imposes liability on the other without the other party's consent, � unreasonably withheld. uity, the non- parly cures or re (exercising • its failure to of any event a, damages and gent or willful the part of the iable efforts to d neither party ch shall not be 6. Notwithstanding anything to the contrary stated hereunder, Operator will not be liable for any i direct, special, incidental, punitive or consequential damages, including, but not limited to, damages based on loss of service, revenues, profits or business opportunities. IN WITNESS WHEREOF, the parties have set their hands on the date indicated in acknowledgments. OPERATOR CC VIII Operating, LLC By: Charter Communicatio s, Inc., its Manager B C�: �f ��lv� Printed Name: Melissa A. Morris Title: VP/GM Date: � �t.A, � OWNER Woodland Park Townhomes II, LLC B Printed N Title:�i Date: � � w�� respective o�/so/os 2