PROTECT AND KEEP FREE ANY PRODUCTS AND ALL SITES OR FACILITIES ON
OR IN WHICH THE VENDOR IS PROSECUTING ANY PORTION OF THE WORK AND ANY AND ALL
INTERESTS AND ESTATES THEREIN, AND ALL IMPROVEMENTS AND MATERIALS NOW OR
HEREAFTER PLACED THEREON UNDER THE TERMS OF THE DOCUMENTS, FROM ANY AND ALL
CLAIMS, LIENS, CHARGES, SECURITY INTERESTS, LEVIES, RIGHTS OF THIRD PARTIES OR
ENCUMBRANCES ("LIENS") ARISING FROM OR RELATED TO PROVISION OF THE PRODUCTS OR
THE PERFORMANCE OF THE WORK BY OR FOR THE VENDOR OR ANY SUBCONTRACTOR;
(B)
GIVE NOTICE OF THIS SECTION 3.13 TO EACH SUBCONTRACTOR BEFORE SUCH
SUBCONTRACTOR FURNISHES ANY LABOR OR MATERIALS FOR ANY MARKET; AND
(C)
MAKE ANY AND ALL FILINGS REQUESTED BY RELIANCE (AND AT RELIANCE'S
EXPENSE) AND RELATED TO THE PRODUCTS OR THE WORK IN ORDER THAT RELIANCE MAY TAKE
ADVANTAGE OF THE RELEVANT LOCAL LIEN WAIVER PROCEDURES WITH RESPECT TO LIENS OF
ANY SUBCONTRACTOR.
3.13.2
IF ANY LIEN IS FILED BY ANY SUBCONTRACTOR, THEN THE VENDOR SHALL
CAUSE SUCH LIEN TO BE SATISFIED OR OTHERWISE DISCHARGED WITHIN [***].
IF ANY
SUCH LIEN IS FILED OR OTHERWISE IMPOSED, AND THE VENDOR DOES NOT CAUSE SUCH LIEN
TO BE RELEASED AND DISCHARGED FORTHWITH, RELIANCE HAS THE RIGHT, BUT NOT THE
OBLIGATION, TO PAY ALL SUMS NECESSARY TO OBTAIN SUCH RELEASE AND DISCHARGE OR
OTHERWISE CAUSE THE LIEN TO BE REMOVED TO RELIANCE'S SATISFACTION FROM FUNDS
RETAINED FROM ANY PAYMENT THEN DUE OR THEREAFTER TO BECOME DUE TO THE VENDOR.
RELIANCE SHALL NOTIFY THE VENDOR PRIOR TO MAKING SUCH PAYMENT.
3.13.3
RELIANCE RESERVES THE RIGHT TO POST, OR PLACE WITHIN ANY MARKET,
NOTICES OF NON-RESPONSIBILITY OR TO DO ANY OTHER ACT REQUIRED BY APPLICABLE LAW
IN ORDER TO EXEMPT RELIANCE AND THE BROADBAND ACCESS RELIANCE NETWORK FROM ANY
LIABILITY TO THIRD PARTIES BY REASON OF ANY WORK OR IMPROVEMENTS TO BE PERFORMED
OR FURNISHED HEREUNDER; PROVIDED, THAT FAILURE BY RELIANCE TO DO SO WILL NOT
RELEASE OR DISCHARGE THE VENDOR FROM ANY OF ITS OBLIGATIONS HEREUNDER.
Nothing in the above provision shall be construed as a waiver of Vendor's
statutory rights relating to Liens.
3.14
VENDOR TO INFORM ITSELF FULLY; WAIVER OF DEFENSE.
3.14.1
THE VENDOR SHALL BE DEEMED TO HAVE NOTICE OF AND TO HAVE FULLY
EXAMINED AND APPROVED THE DOCUMENTS, AND ALL REGULATIONS AND OTHER INFORMATION
IN RELATION TO THE DOCUMENTS AND/OR ANY AMENDMENTS, MODIFICATIONS OR SUPPLEMENTS
THERETO AT ANY TIME ON OR AFTER THE EFFECTIVE DATE AND TO HAVE FULLY EXAMINED,
UNDERSTOOD AND SATISFIED ITSELF AS TO ALL RELEVANT INFORMATION
37
OF WHICH THE VENDOR IS AWARE OR SHOULD HAVE BEEN AWARE AND THAT IS RELEVANT AS
TO THE RISKS, CONTINGENCIES AND OTHER CIRCUMSTANCES THAT COULD AFFECT THE
DOCUMENTS AND IN PARTICULAR THE DELIVERY, COMMISSIONING AND/OR OPTIMIZATION OF
ANY PRODUCT.
[***]
3.14.2
[***]
PROVIDED ALWAYS THAT, IN RESPECT OF THE FOREGOING PROVISIONS OF THIS SECTION
3.14.2, VENDOR SHALL BE ENTITLED TO RELY ON, AND RELIANCE SHALL TAKE
RESPONSIBILITY FOR, ANY TRAFFIC FORECASTS, SUBSCRIBER UPTAKE AND DATA OF A
SIMILAR NATURE.
3.15