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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 Unon Dama�es. 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 �I
<br />� claims that might be considered consequential, incidental, exemplary, punitive, special, business �
<br /> damages or loss profits.
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