other facilities
within the Protected Area, so long as such rides or facilities are not fixed
wheel or ferris-wheel amusement rides; and
(c) In the event of a relocation of the Ride to another property, as provided in
Section B.3 above, the Protected Area shall not change and shall remain based
upon the original Location unless or until Licensor, in his sole and absolute
discretion, agrees to change the boundaries or location of the Protected Area.
G. DISCLAIMER OF WARRANTIES:
1. LICENSOR MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED WITH RESPECT TO
THE MERCHANTABILITY, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE
ESCAPE SYSTEM, EQUIPMENT KNOW-HOW AND TECHNICAL INFORMATION OR ANY PART THEREOF
OR OTHERWISE; NOR DOES LICENSOR WARRANT THAT THE ESCAPE SYSTEM, EQUIPMENT OR
KNOW-HOW AND TECHNICAL INFORMATION SEPARATELY OR COLLECTIVELY WILL COMPLY WITH
THE STANDARDS OR REQUIREMENTS OF, OR ANY SAFETY CODES OR REGULATIONS OF, ANY
ORGANIZATION OR GOVERNMENTAL AGENCY.
2. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, WHICH SHALL FURTHER INCLUDE, BUT NOT BE LIMITED TO, ANY LOST REVENUES
AND/OR PROFITS, RESULTING OR ARISING FROM, CAUSED BY, OR RELATED OR PERTAINING
TO THE ESCAPE SYSTEM, EQUIPMENT AND KNOW-HOW AND TECHNICAL INFORMATION,
INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO FUNCTION AS INTENDED, ANY BODILY
INJURY, ANY DAMAGES TO REAL OR PERSONAL PROPERTY, OR ANY INABILITY OF THE RIDE
TO FUNCTION AS INTENDED. LICENSEE HEREBY ACKNOWLEDGES AND AGREES THAT IT HAS
BEEN ADVISED BY LICENSOR THAT THE ESCAPE SYSTEM, EQUIPMENT AND KNOW-HOW AND
TECHNICAL INFORMATION ARE UNTESTED DESIGNS, AND NEITIHER LICENSOR, NOR ANY OTHER
PERSON OR ENTITY HAS CONSTITUTED OR OPERATED THE ESCAPE SYSTEM OR EQUIPMENT OR
ANY AMUSEMENT RIDE UTILIZING THE ESCAPE SYSTEM AND/OR EQUIPMENT, AND THAT
LICENSOR WILL HAVE NO PART IN THE DESIGN, CONSTRUCTION OR OPERATION OF THE RIDE.
FOR SUCH REASONS, LICENSOR HEREBY ACKNOWLEDGES AND AGREES THAT LICENSOR ASSUMES
NO LIABILITY AND SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO THE DESIGN,
CONSTRUCTION OR OPERATION OF THE ESCAPE SYSTEM, EQUIPMENT OR THE RIDE, AND ANY
FAILURE ON ANY OF SUCH ITEMS TO FUNCTION, OR ANY DAMAGES, COST, OR EXPENSES
WHICH MAY RESULT THEREFROM. LICENSEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS
DISCLAIMER OF LIABILITY IS A MATERIAL PART OF THE CONSIDERATION BARGAINED FOR
AND TO BE RECEIVED BY LICENSOR, AND THAT LICENSOR WOULD NOT HAVE AGREED TO GRANT
THIS LICENSE TO LICENSEE WITHOUT THIS DISCLAIMER OF ANY LIABILITY.
H. ADDITIONAL OBLIGATIONS OF LICENSEE:
1. LICENSEE agrees not to directly or indirectly install or operate, or to allow
or authorize any other individual or entity, directly or indirectly, to install
or operate, the Escape System or EQUIPMENT in any location other than the
original Location within or outside the Relocation Area, except in compliance
with Section B.4 above.
I. QUALITY AND SAFETY OF SERVICES:
1. LICENSEE agrees not to commence operation of the Escape System or Equipment
without first obtaining the written approval of the installation of the Escape
System or Equipment