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<br />-11- <br /> <br /> <br />The Licensor reserves for itself, its successors and assigns, the right to maintain its poles <br />and to operate its facilities thereon in such manner as will best enable it to fulfill its public <br />service requirements. <br /> <br /> <br /> <br />4.08 Claims by Licensee and Licensee’s Customers <br /> <br />(a) The Licensor shall not be liable to the Licensee or the Licensee’s customers, <br />and the Licensee shall indemnify, protect and save harmless the Licensor against any <br />claims by the Licensee’s customers, for any interruption to the service of the Licensee, or <br />for interference with the operation of the cables, wires and appliances of the Licensee <br />arising in any manner whatsoever, including, without limiting the generality of the <br />foregoing, any such interruption or interference arising out of action taken by the Licensor <br />pursuant to Section 6.05 , or for any other damage suffered by the Licensee or its customers, <br />except to the extent that any such interruption, interference or damage is caused by the <br />negligence or misconduct of the Licensor or of other joint users or of agents or employees <br />of the Licensor or other joint users. <br /> <br />(b) Licensor shall not be liable to the Licensee for any special, indirect, <br />incidental, consequential, exemplary and/or punitive damages in connection with or <br />otherwise arising out of this Agreement and Licensee expressly waives any claim for such <br />damages. <br /> <br />(c) The provisions of this section shall survive the expiration or termination of <br />this Agreement with respect to any event occurring prior to such expiration or termination. <br /> <br />4.09 Time for Removal <br /> <br />Whenever, pursuant to the provisions of this Agreement, Licensee is required to remove <br />its Equipment from any poles, such removal shall be made in accordance with Section 6.05. <br /> <br />4.10 Transfer of Equipment <br /> <br />(a) The Licensor, in the course of replacement or removal of solely owned poles <br />or jointly owned poles, shall provide the Licensee with notification prior to the <br />performance of the work, via a Joint Pole Notification (JPN) or other written or electronic <br />notice. Licensor is under no obligation to coordinate such work with Licensee with the <br />exception of work sites which require all entities involved to coordinate the work for the <br />purpose of safety of the crews and the public. <br /> <br />(b) Licensee, upon receipt of said notice, may elect to contact Licensor and <br />attempt to coordinate the work. In the event Licensee is able to coordinate the transfer of <br />Licensee’s Equipment during the course of Licensor’s work simultaneously with the work <br />being performed by Licensor, Licensee shall perform such transfer of Equipment work in <br />a time and manner so as to permit Licensor to remove its obsolete and/or depreciated <br />pole(s) during the course of Licensor’s work. Licensor shall not be required to remain at a <br />work site longer than thirty (30) minutes to allow Licensee to complete its transfer of