144-18 Exhibit-Agreement with Cross River Fiber for Installation of Fiber Optics Cable in Public Right of Way.pdf

the public health or safety. Section 8. Indemnification Cross River Fiber, its successors, assigns, sub-contractors, agents, servants, officers, employ- ees, designees, guests and invitees, hereby indemnify, defend and hold harmless the Township, its suc- cessors and assigns, elected officials, officers, employees, servants, contractors, designees and invitees from and against any and all claims, demands, suits, actions at law or equity or otherwise, judgments, arbitration determinations, damages, liabilities, decrees of any person(s) or entities claiming to be or being harmed as a result of Cross River Fiber actions or Cross River Fiber Facilities under this Use Agreement and costs in connection therewith. This indemnification shall specifically include, but not be limited to, any and all costs, reasonable attorneysʼ fees, court costs and any other expenses that may be incurred by the Township in connection with any and all claims, demands, suits, actions at law or equity or otherwise and/or arbitration proceedings which may arise in connection with Cross River Fiber activities pursuant to the rights granted in this Use Agreement. Section 9. LIMITATION OF LIABILITY TOWNSHIP SHALL NOT BE LIABLE TO CROSS RIVER FIBER FOR ANY INDI- RECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. Section 10: Notices All notices or other correspondence required or permitted to be given in connection with this Use Agreement shall be in writing and delivered personally, by telecopy, by overnight carrier service or by registered or certified mail to the parties at the following addresses: To Cross River Fiber at: Cross River Fiber LLC 461 Headquarters Plaza Morristown, NJ 07960 Attn: Robert Sokota, Chief Administrative Officer and General Counsel 5