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independent of each other covenant under this Agreement. No default in performance of any
<br />covenant by a parry shall excuse the other party from the performance of any other covenant.
<br />The provisions of Paragraphs 7, 9, 10, 12 and 18 shall survive the expiration or earlier
<br />termination of this Agreement.
<br />25. Limitations of Grant. Licensee acknowledges that the license granted hereunder
<br />is a quitclaim grant, made without covenants, representations or wan:anties with respect to
<br />Railway's (a) right to make the .grant, (b) title in the Premises, or (c) right to use or make
<br />available to others the Premises for the purposes contemplated herein. Railway is the owner
<br />and/or holder of the Premises subject to the terms and limitations under which it is owned or
<br />held, including without limitation conditions, covenants, restrictions, easements (including any
<br />pre-existing fiber optic easements or licenses), encroachments, leases, licenses, permits,
<br />mortgages, indentures, reversionary interests, fee interests, zoning restrictions and other burdens
<br />and limitations, of record and not of record, and to rights of tenants and licensees in possession,
<br />and Licensee agrees that the rights licensed hereunder are subject and subordinate to each and all
<br />of the foregoing. Licensee accepts this grant knowing that others may claim that Railway has no
<br />right to make it, and Licensee agrees to release, hold harmless and indemnify (and, at Railway's
<br />election, defend, at Licensee's sole expense, with counsel approved by Railway) Railway, its
<br />affiliated companies, and its and their respective officers, directors, agents and employees, from
<br />and against any detriments to, or liabilities of, any type or nature arising from such claims,
<br />including punitive damages and any forfeitures declared or occurring as a result of this .grant.
<br />- 26. Limitations Upon Damages. Notwithstanding any other provision of this
<br />Agreement,. Railway shall not be liable for breach of this Agreement or under this Agreement for
<br />any consequential, incidental, exemplary, punitive, special, business damages or lost profits, as
<br />well as any claims for death, personal injury, and property loss and damage which occurs by
<br />reason of, or arises out of, or is incidental to the interruption in or usage of the Facilities placed
<br />upon or about the Premises by Licensee, including without limitation any damages under such
<br />claims that might be considered consequential, incidental, exemplary, punitive, special, business
<br />damages or loss profits.
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