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of Licensors' rights to use the public or private property at the locations of such facilities. Nothing • <br /> contained herein shall be applicable to Licensee Equipment consisting of electronic and other <br /> equipment installed for use with the Licensee Fibers. <br /> B. The relationship between Licensor and Licensee is one of licensor and licensee,and <br /> not of partners,venturers or of principal and agent, and nothing herein contained will be deemed <br /> to constitute a partnership,joint venture or agency relationship between them. Each Party agrees <br /> that it will perform its obligations hereunder as an independent contractor and not as the agent, <br /> employee, or servant of the other Party. Neither Party nor any personnel furnished by such Party <br /> will be deemed employees or agents of the other Party or entitled to any benefits available under <br /> any plans for such other Party's employees. Each Party has and hereby retains the right to exercise <br /> full control of and supervision over its own performance of the obligations under this Agreement <br /> and retains full control over the employment, direction, compensation, and discharge of all f, <br /> employees assisting in the performance of such obligation. Each Party will be solely responsible <br /> for all matters relating to payment of such employees, including, but not limited to, compliance <br /> with Social Security taxes, withholding taxes, worker's compensation coverage, employee <br /> disability and all other regulations governing such matters, and each Party will be responsible for <br /> its own acts and those of its own subordinates, employees, agents, and subcontractors during the <br /> performance of that Party's obligations hereunder. <br /> 11. DISCLAIMERS <br /> • <br /> EXCEPT AS OTHERWISE SPECIFIED HEREIN, LICENSOR MAKES NO <br /> REPRESENTATION, WARRANTY OR COVENANT. WITHOUT LIMITING THE <br /> GENERALITY OF THE FOREGOING, LICENSOR SPECIFICALLY DISCLAIMS ANY <br /> WARRANTY (INCLUDING ANY IMPLIED WARRANTIES) OF MERCHANTABILITY OR <br /> FITNESS FOR A PARTICULAR PURPOSE; PROVIDED, HOWEVER, THAT NOTHING IN <br /> THIS SECTION XI OR IN THIS AGREEMENT SHALL PRECLUDE LICENSEE FROM <br /> SEEKING DAMAGES FOR BREACH OF WARRANTY, INCLUDING ANY WARRANTIES <br /> OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IF ANY, FROM <br /> THE MANUFACTURER OR DISTRIBUTOR OF ANY EQUIPMENT OR COMPONENT, <br /> INCLUDING THE OPTICAL FIBER CABLE, COMPRISING THE LICENSED FACILITIES, <br /> NOR SHALL LICENSOR PREVENT LICENSEE FROM SEEKING TO OBTAIN THE <br /> BENEFIT OF ANY MANUFACTURER'S WARRANTIES ON THE OPTICAL FIBER CABLE <br /> AND ANY OTHER EQUIPMENT OR COMPONENT INSTALLED AS A PART OF THE <br /> LICENSED EQUIPMENT OR COMPONENT INSTALLED AS A PART OF THE LICENSED <br /> FACILITIES, AS WELL AS COMPENSATION RECEIVED FOR LATENT DEFECTS <br /> BEYOND APPLICABLE WARRANTIES FROM THE MANUFACTURER, PROVIDED <br /> THAT,EXCEPT TO THE EXTENT CAUSED BY THE INTENTIONAL MISCONDUCT OR <br /> SOLE NEGLIGENCE OF LICENSOR OR LICENSOR'S EMPLOYEES, AGENTS, <br /> CONTRACTORS, SERVANTS OR REPRESENTATIVES, LICENSEE INDEMNIFIES AND <br /> HOLDS HARMLESS LICENSOR FROM ANY LIABILITIES, INCLUDING CLAIMS FOR <br /> DAMAGES AND COSTS AND ATTORNEYS'FEES,RESULTING FROM OR RELATED TO <br /> SUCH LICENSEE EFFORTS. <br /> 8 <br /> Fiber Optic Cable Master License Agreement <br />