New Cingular Wireless PCS LLC 7/31/2018

of liability and whether such damages were foreseeable or not at the time this Agreement was executed. 22.9. In the event that Company's transmission technology or facilities emit electromagnetic impulses(EMF)or radio frequency emissions, Company expressly agrees that this indemnity provision extends to any and all third party claims for injury, sickness or death of any person, including employees of Company, arising out of or caused by said emissions. 22.10. Neither party shall be liable to the other, or any of their respective agents, representatives,employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service,even if advised of the possibility of such damages, whether under theory of contract, tort(including negligence), strict liability or otherwise. 22.11. The provisions of this Section 22 shall survive the expiration,revocation, or termination of this Agreement. 23. Performance Bond 23.1. Company shall furnish a surety bond or bonds, in the form provided on Exhibit F, covering faithful performance of this Agreement and payment of all obligations arising thereunder, including but not limited to proper construction, long-term facility maintenance,rent, timely removal of equipment and restoration. The bond shall be in-force during the entire term or subsequent extensions. The bond shall be in a form acceptable to the City. The performance bond for this Agreement shall not only indemnify City for the usual performance provisions of this Agreement, but in addition shall be a bond to guarantee payment of any and all tax liability of any type, kind, nature or description due as a result of this Agreement. Said performance bond shall be issued to City prior to the issuance of any approvals for the construction of its facilities on the licensed property. If City so uses or applies any portion of the performance bond, Company shall upon notice, restore the performance bond to the full amount above specified, and Company's failure to do so shall constitute a material breach of this Agreement. This performance bond shall be in addition to any construction or maintenance bonds imposed by the City as part of its permitting process. This performance bond shall remain in place until all of Company's Site Equipment has been removed by Company unless otherwise permitted to remain by City. The amount of the bond shall be dependent on the number of City Poles used by the Company as follows: a. $100,000 bond for usage of 1-10 City Poles; b. $250,000 bond for usage of 11-50 City Poles; and c. $500,000 bond for usage of 50 or more City Poles. 24. Nondiscrimination New Cingular Wireless PCS,LLC 19