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date of such tax, whichever is later. Permittee may make such reimbursements or payments under protest, in which event Permittee and PG&E shall attempt to agree upon a calculation of the amount payable by Pennittee hereunder. If such agreement cannot be reached, either party may refer the dispute to mediation in accordance with the provisions of Section 9.1. Permittee also shall be responsible for timely payment of any Ad Valorem Taxes or other taxes and fees levied against the Permittee's Pole Attachments or other of Permittee's property or equipment located on PG&E's Poles, facilities or PG&E Right of Way that are billed directly to Permittee by the taxing authority. However, in the event the same property or interests are assessed an Ad Valorem Tax or sales or use tax in the same year to both PG&E and Permittee, each party agrees to promptly notify the other upon becoming aware thereof and to cooperate with the other in seeking appropriate redress from the authority or authorities assessing the property or imposing the tax; and, provided PG&E has notice of such potential double taxation, PG&E agrees at Permittee's request, not to pay such tax and seek reimbursement from Permittee hereunder without having first protested, at Permittee's expense, such assessment at the appropriate administrative level. 5.3 DEFENSE OF CLAIMS. Permittee shall, on PG&E's request, defend any suit asserting one or more claims covered by the indemnities set forth in Sections 5.1 and 5.2. Permittee shall pay any costs that may be incurred by PG&E in enforcing this indemnity, including reasonable attorney's fees. 5.4 LIMITATION OF LIABILITY. PG&E SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL CONTRACT DAMAGES, ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS AGREEMENT. IN NO EVENT SHALL THE TOTAL CUMULATIVE CONTRACTUAL LIABILITY OF PG&E, ARISING OUT OF OR IN CONNECTION WITH THE USE OF PG&E POLES AND/OR FACILITIES OR RELATING TO THIS AGREEMENT, EXCEED THE HIGHER OF $25,000 OR THE SUM OF THE POLE RENTAL FEES RECEIVED BY PG&E AND FORECASTED TO BE RECEIVED BY PG&E UNDER THIS AGREEMENT WITH PERMITTEE. 5.5 NO WARRANTIES. PG&E MAKES NO WARRANTY, EXPRESS OR IMPLIED WITH RESPECT TO THE POLE ATTACHMENTS OR THE USE OF THE PG&E POLES OR ANCHORS BY PERMITTEE. THE PG&E POLES AND ANCHORS ARE "AS IS." PG&E DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSES. 0