THE
ARBITRON DATA AND/OR REPORT(S) AND/OR SERVICES LICENSED HEREUNDER. ALL ARBITRON
DATA AND/OR REPORT(S) REPRESENT ONLY THE OPINION OF ARBITRON. RELIANCE THEREON
AND USE THEREOF BY STATION IS AT STATION'SOWNRISK. THE SYSTEMS PROVIDED
HEREUNDER ARE PROVIDED TO LICENSEE "AS IS - WHERE IS" AND RELIANCE THEREON AND
USE THEREOF BY LICENSEE IS AT LICENSEE'S OWN RISK. IN NO EVENT SHALL ARBITRON BE
LIABLE FOR THE FAILURE OF ANY THIRD PARTY TO PROVIDE ANY DATA OR SERVICES FOR
USE IN CONNECTION WITH THE DATA, REPORTS, SYSTEMS AND/OR SERVICES LICENSEDHE
REUNDER. 10.Liabilities and Limitations of Remedies: THE SOLE AND EXCLUSIVE
REMEDY, AT LAWOR IN EQUITY, FOR ARBITRON'S AND/OR ANY THIRD PARTY DATA AND/OR
SERVICE PROVIDER'S BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS, AND THE SOLE AND
EXCLUSIVE REMEDY FOR ARBITRON'S AND/OR ANY THIRD PARTY DATA AND/OR SERVICE
PROVIDER'S LIABILITY OF ANY KIND, INCLUDING WITHOUT LIMITATION LIABILITY FOR
NEGLIGENCE OR DELAY WITH RESPECT TO THE ARBITRON DATA AND/OR REPORTS AND/OR
SYSTEMS AND ALL PERFORMANCE PURSUANT TO THIS AGREEMENT, SHALL BE LIMITED TO A
CREDIT TO STATION OF AN AMOUNT EQUAL TO, AT THE MAXIMUM AMOUNT, THE LICENSE
CHARGE PAID BY STATION WHICH IS ATTRIBUTABLE TO THE MATERIALLY AFFECTED DATA OR
REPORT OR SYSTEM. IN NO EVENT SHALL ARBITRON AND/OR ANY THIRD PARTY DATA AND/OR
SERVICE PROVIDER BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, NOR SHALL THEY BE SUBJECT TO INJUNCTIVE RELIEF WITH RESPECT TO THE
PUBLICATION OF ANY DATA AND/OR REPORT OR TO ANY SYSTEM. STATION UNDERSTANDS THAT
THE DATA AND/OR REPORTS AND/OR SYSTEM EITHER WOULD NOT BE PREPARED OR WOULD BE
AVAILABLE ONLY AT A SUBSTANTIALLY INCREASED LICENSE CHARGE WERE IT NOT FOR THE
LIMITATIONS OF LIABILITIES AND REMEDIES AS SET FORTHIN THIS SECTION. Station
agrees that it will notify Arbitron in writing of any alleged defect in any Data
and/or Report and/or System within thirty (30) days after Station learns of said
alleged defect. In the event that Station does not timely notify Arbitron, then
Station waives all rights with regard to said alleged defect. Station further
agrees that any action to be brought by it concerning any Data and/or Report
and/or System shall be brought not more than one (1) year after such Data or
Report was originally published by Arbitron. In the event that either party
commences litigation against the other party and fails to ultimately prevail on
the merits of such litigation, the commencing party shall reimburse and
indemnify the other party from any and all costs and expenses incurred with
respect to such litigation, including reasonable attorneys' fees, provided,
however, that this sentence shall not apply where Arbitron commences litigation
pursuant to Sections 5, 7 or 8 of this Agreement. This provision shall survive
the termination of this Agreement. 11.Assignments and Changes in Station Status:
Station may not assign either its rights or obligations under this Agreement
without the prior written consent of Arbitron. Subject to Arbitron's consent, a
successor-in-interest by merger, operation of law, assignment,