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APPENDIX WIRELESS PHYSICAL COLLOCATION/AT&T-13STATE
PAGE 8 OF 62
AT&T-13STATE/NEW CINGULAR WIRLESS PCS, LLC
020106
3.8.3 Should AT&T-13STATE benefit in any way from the ADA upgrades, it shall absorb half of the cost
when there is one benefiting Wireless Collocator, one-third when there are two (2), and so on.
3.8.4 Should AT&T-13STATE be the sole beneficiary of an upgrade (e.g., an upgrade would have had to
be made regardless of whether or not a Wireless Collocator was collocated in the CO), AT&T-
13STATE shall absorb all of the costs related to such an upgrade.
4. LIMITATION OF LIABILITY
4.1 Limitation of Liability
4.1.1 With respect to any claim or suit for damages arising in connection with the mistakes, omissions,
interruptions, delays or errors, or defects in transmission occurring either in the course of furnishing
service pursuant to the Agreement, the liability of either AT&T-13STATE or the Wireless
Collocator, if any, shall not exceed an amount equivalent to the proportionate monthly charge to
the Wireless Collocator for the period during which such mistake, omission, interruption, delay,
error, or defect in transmission or service occurs and continues.
4.1.2 Neither AT&T-13STATE nor the Wireless Collocator shall be responsible to the other for any
indirect, special, consequential, lost profit or punitive damages, whether in contract or tort.
4.1.3 Both AT&T-13STATE and the Wireless Collocator shall be indemnified and held harmless by the
other against claims and damages by any Third Party arising from provision of the other ones’
services or equipment, except those claims and damages directly associated with the provision of
services to each other which are governed by the provisioning Party’s applicable agreements.
4.1.4 The liability of either AT&T-13STATE or the Wireless Collocator for its willful misconduct or gross
negligence is not limited by this Appendix.
4.2 Third Parties
4.2.1 AT&T-13STATE is required by law to provide space in and access to its Eligible Structures to
certain other persons or entities (“Others”), which may include competitors of the Wireless
Collocator; that such space may be close to the Dedicated Space, possibly including space
adjacent to the Dedicated Space and with access to the outside of the Dedicated Space within the
collocation area; and that if caged, the cage around the Dedicated Space is a permeable boundary
that will not prevent the Others from observing or even damaging the Wireless Collocator’s
equipment and facilities.
4.2.2 In addition to any other applicable limitation, neither AT&T-13STATE nor the Wireless Collocator
shall have any liability with respect to any act or omission by any Other, regardless of the degree of
culpability of any Other, except in instances involving gross negligence or willful actions by either
AT&T-13STATE or the Wireless Collocator or its agents or employees.
4.3 Force Majeure Events
4.3.1 No Party shall be responsible for delays or failures in performance of any part of this Appendix
(other than an obligation to make money payments) resulting from acts or occurrences beyond the
reasonable control of such Party, including, but not limited to acts of nature, acts of civil or military
authority, any law, order, regulation, ordinance of any Governmental Authority, embargoes,
epidemics, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents,
hurricanes, floods, work stoppages, power blackouts, volcanic action, other major environmental
disturbances, unusually severe weather conditions, or omissions of transportation carriers
(individually or collectively, a “Force Majeure Event”) or any Delaying Event caused by the other
Party or any other circumstances beyond the Party’s reasonable control. If a Force Majeure Event
shall occur, the Party affected shall give prompt written notice to the other Party of such Force
Majeure Event specifying the nature, date of inception and expected duration of such Force
Majeure Event, whereupon such obligation or performance shall be suspended to the extent such
Party is affected by such Force Majeure Event during the continuance thereof or be excused from
such performance depending on the nature, severity and duration of such Force Majeure Event