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fibers that are part of the Fiber System, other than the Dark Fiber secured by this IRU. Customer <br /> shall keep any and all of the Fiber System free from any liens, rights or claims of any third party <br /> attributable to Customer. <br /> 12.3 Customer and CITY shall promptly notify each other of any matters pertaining to, <br /> or the occurrence (or impending occurrence) of, any event which would be reasonably likely to <br /> give rise to any damage or impending damage to or loss of the Fiber System, or traffic thereon, <br /> that are known to such Party. Customer and CITY each agree to cooperate with and support the <br /> other in complying with any requirements applicable to their respective rights and obligations <br /> hereunder. <br /> 12.4 Customer shall not use its broadband systems in a way that interferes in any way <br /> with or adversely affects the use of the fibers or cable of any other person using the Fiber System. <br /> Customer acknowledges that the Fiber System includes or will include other participants, <br /> including the CITY and other owners and users of broadband systems. <br /> 12.5 If Customer elects to abandon use of the Dark Fiber after the first 20-year term or <br /> on any renewal term of this agreement, it shall notify CITY in writing of the effective date of the <br /> abandonment. Customer will not be entitled to a refund of any portion of the prepaid IRU Fee. <br /> After the date of abandonment, Customer's liability for Maintenance Fees with respect to the <br /> abandoned route miles will end ninety (90) days from the date that Customer delivers written <br /> notice of abandonment to CITY. Customer will remain liable for all fees associated with returning <br /> Dark Fiber to its initial state, as it was prior to Customer Interconnections and prior to customer <br /> purchase of Dark Fiber. <br /> ARTICLE 13 <br /> PARTIES RESPONSIBILITY <br /> To the extent permitted by Illinois law and not inconsistent with the doctrine of sovereign <br /> immunity, each party shall be responsible for the acts and omissions of its employees, <br /> contractors, officers, agents, and other personnel relating to the performance of services under <br /> this IGA. <br /> ARTICLE 14 <br /> LIMITATION OF LIABILITY <br /> CITY'S LIABILITY HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF <br /> THE IRU FEE, IF ANY, BASED ON THE TIME PERIOD REMAINING IN THE TERM OR ANY <br /> RENEWAL TERM WHEN THE EVENT GIVING RISE TO LIABILITY OCCURS. <br /> NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, <br /> NO PARTY HERETO SHALL BE LIABLE TO THE OTHER PARTY FOR INDIRECT SPECIAL, <br /> CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM A PARTY'S <br /> PERFORMANCE OR FAILURE TO PERFORM ANY TERM OR PROVISION OF THIS <br /> AGREEMENT, REGARDLESS OF WHETHER SUCH CLAIM IS MADE UNDER THEORIES OF <br /> CONTRACT OR THEORIES OF TORT (INCLUDING STRICT LIABILITY). <br /> 11 <br />