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i <br /> after the Decommissioning Date, (e) the ownership or operation of the Licensed Frequencies <br /> prior to the Decommissioning Date, and (f) any matter related to any aspect of the design, <br /> construction, installation, operation, or maintenance of any Replacement System. Subject to the <br /> limitations set forth in Section 13 of this Agreement, such Liabilities shall include, but not be <br /> limited to, those which are attributable to personal injury, sickness , disease .or death ; and/or from <br /> injury to or destruction of real or personal property including loss of use thereof, theft, misuse or <br /> misappropriation. <br /> 11 . Indemnification by AT&T MOBILITY. AT&T MOBILITY agrees to indemnify, defend and <br /> save harmless Incumbent, its owners, officers, directors, stockholders, agents, representatives , <br /> designees, affiliates, employees and their respective successors or assigns (the "Incumbent <br /> Indemnitees") , from and against, and shall reimburse the Incumbent Indemnitees on written <br /> demand for, any and all Liabilities that such Incumbent Indemnitees may suffer, sustain, incur, <br /> pay or expend by reason of or as a result of any and all claims, losses , penalties , forfeitures , <br /> damages , judgments , causes of action, suits and liabilities arising out of or related to (a) the <br /> breach by AT&T MOBILITY of any of the terms and conditions of this Agreement, (b) each and <br /> every breach or default of, or inaccuracy or omission in any representations, warranties or <br /> covenants of AT&T MOBILITY contained herein, (c) the ownership or operation of the Licensed <br /> Frequencies following the Decommissioning Date, and (d) any negligent or willful act or failure <br /> to act by AT&T MOBILITY, its members, owners, officers, directors, and stockholders , and its <br /> and their agents, representatives , designees or affiliates in the performance of its obligations <br /> under this Agreement. Subject to the limitations set forth in Section 13 of this Agreement, such <br /> Liabilities shall include, but not be limited to, those which are attributable to personal injury, <br /> sickness, disease or death ; and/or from injury to or destruction of real or personal property <br /> including loss of use thereof, theft, misuse(or misappropriation. <br /> 120 Claims for Indemnification. Where indemnification is sought by a Party (the "Claiming Party") , <br /> (a) it shall notify the other Party (the "Indemnifying Party") promptly of any claim or litigation or <br /> threatened claim to which the indemnification relates; (b) upon the Indemnifying Party' s written <br /> acknowledgment of its obligation to indemnify Iin such instance, in form and substance <br /> satisfactory to the Claiming Party, the Claiming Party shall afford the Indemnifying Party an <br /> opportunity to participate in and, at the option and; expense of the Indemnifying Party, control, <br /> compromise, settle, defend or otherwise resolve the claim or litigation (and the Claiming Party <br /> shall not effect any such compromise or settlement without prior consent of the Indemnifying <br /> Party) ; and (c) the Claiming -Party shall reasonably cooperate with the Indemnifying Party at no <br /> cost to itself in any compromise, settlement, defense or resolution of such claim or litigation. In <br /> the event that the Indemnifying Party does not so acknowledge its indemnification responsibility, <br /> the Claiming Party may proceed directly to compromise, settle, defend or resolve such claim, and <br /> at any time may enforce its indemnification rights. <br /> 13 . Limitation of Liability. EXCEPT FOR BOTH PARTIES ' OBLIGATIONS OF <br /> INDEMNIFICATION (IN SECTIONS 10 AND 11 ABOVE), AND CONFIDENITIALIY <br /> (IN SECTION 18 BELOW), BOTH PARTIES AGREE THAT NEITHER PARTY, ITS <br /> MEMBERS, OWNERS, OFFICERS, DIRECTORS , STOCKHOLDERS, NOR ITS OR <br /> THEIR AGENTS, REPRESENTATIVES , DESIGNEES, AFFILIATES AND <br /> EMPLOYEES AND ITS OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS <br /> SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, <br /> EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR <br /> 8 <br />