(A) Except as expressly provided in a contractual agreement between customer and the Telecommunications Division, the Telecommunications Division makes no warranties, expressed or implied, relating to its services and facilities and expressly disclaims any implied warranties or warranties imposed by law, including, but not limited to, warranties of merchantability and fitness for a particular purpose. In no event shall the Telecommunications Division be liable for any indirect, special, incidental, consequential or exemplary damages relating to or arising from the provision of services to customer, including, without limitation, damages based on loss of revenues, profits or business opportunities, whether or not the Telecommunications Division has or should have had any knowledge, actual or constructive, that the damages might be incurred.
(B) The customer agrees to indemnify and hold the Telecommunications Division harmless for any loss or expense, including attorney’s fees, arising from damage to equipment or injury to persons related to the services and facilities provided by the Telecommunications Division, except any loss, damage or expense arising directly from the act or omission of the Telecommunications Division.
(Ord. 05-07, passed 5-23-2005)