Warranties of Pole Owner. Pole Owner warrants that its work in constructing and maintaining the Poles covered by this Agreement shall be consistent with prudent utility practices. Pole Owner further warrants that its own Attachments to its Poles shall be constructed and maintained consistent with prudent utility practices. Pole Owner disclaims all other warranties, express or implied, including but not limited to the warranty of merchantability, fitness for particular purpose, and similar warranties. Pole Owner’s liability to Licensee for any action arising out of its activities relating to this Agreement shall be limited to repair or replacement of any defective Poles. Under no circumstances shall Pole Owner be liable to Licensee for any economic losses, costs or damages, including but not limited to special, indirect, incidental, consequential, punitive, or exemplary damages.
