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F. Nothing contained herein shall limit Licensor's right to bring an action for damages <br /> against any third party based on any acts or omissions of such third party as such acts or omissions <br /> may affect the operation or use of Licensor's System. Nothing contained herein shall limit the <br /> right of either Party to bring an action for damages against any third party, based on any acts or <br /> omissions of such third party as such acts or omissions may affect the operation or use of the <br /> Cable;provided further,that without prejudice to its rights,remedies and responsibilities,the other <br /> Party will assign such rights or claims, execute such documents and do whatever else may be <br /> reasonably necessary to assist the Party bringing the action against such third party. <br /> G. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, <br /> LICENSOR SHALL NOT HAVE ANY LIABILITY TO LICENSEE FOR ANY: LOSS OF <br /> PROFIT OR REVENUE, LOSS OF USE OF THE LICENSEE SYSTEM, CLAIMS OF <br /> CUSTOMERS OF LICENSEE FOR SERVICE INTERRUPTIONS, OR INDIRECT, <br /> INCIDENTAL, SPECIAL, ECONOMIC OR CONSEQUENTIAL DAMAGES,AS A RESULT <br /> OF OR RELATED TO THE LICENSEE SYSTEM OR THIS AGREEMENT, WHETHER <br /> ARISING IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION,NEGLIGENCE, <br /> PRODUCT LIABILITY OR STRICT LIABILITY) OR OTHERWISE. <br /> H. The provisions of this section shall survive the expiration or termination of this <br /> Agreement with respect to any event occurring prior to such expiration or termination. <br /> 13. CREDIT <br /> A. Service Outages occur when there has been a service interruption. Service <br /> interruption occurs when there has been a loss of continuity of 600 or more seconds of <br /> transmission. Service Outages must be reported by Licensor to Licensee on the next regular annual <br /> invoice,except those Service Outages occurring in the last year of the Term which shall be reported <br /> within thirty(30)days after the termination of this Agreement,along with the credit. Notification <br /> of Service Outages shall be directed to: <br /> City of Everett <br /> 3200 Cedar Street <br /> Everett,WA 98201 <br /> B. Service Outages or multiple Service Outages which do not exceed forty-eight(48) <br /> hours on a cumulative basis annually will not qualify for a credit or a refund of any kind. A Service <br /> Outage period begins when Licensee reports the Service Outage or Licensor has determined there <br /> is a Service Outage. A Service Outage ends when the Licensee Fiber is operative consistent with <br /> the Specifications. <br /> C. If Licensee is asked by Licensor to surrender a fiber for purposes other than <br /> maintenance,testing, or activity relating to an order by Licensee and Licensee consents,Licensee <br /> will be given a credit. <br /> 10 <br /> Fiber Optic Cable Master License Agreement <br />