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R2018-04 Memorandum of Understanding Decatur Park District Fiber Network
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R2018-04 Memorandum of Understanding Decatur Park District Fiber Network
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Last modified
1/24/2018 12:14:38 PM
Creation date
1/24/2018 12:14:37 PM
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Resolution/Ordinance
Res Ord Num
R2018-04
Res Ord Title
Memorandum of Understanding Agreement Decatur Park District Fiber Network
Department
Information Tech
Approved Date
1/16/2018
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Section 19.8 shall constitute a material breach of this Agreement. CITY will not assign this Agreement, in <br /> whole or in part,to a private entity without the prior written consent of Customer. <br /> 19.9 Remedies.The rights and remedies of the CITY hereunder shall not be mutually exclusive;i.e., <br /> the exercise of one(1)or more of the provisions hereof shall not preclude the exercise of any other <br /> provision hereof.Customer acknowledges,confirms and agrees that damages may be inadequate for a <br /> breach or a threatened breach of this Agreement and,in the event of a breach or threatened breach of <br /> any provision hereof,the respective rights and obligations hereunder shall be enforceable by specific <br /> performance,injunction or other equitable remedy. Nothing contained in this Agreement shall limit or <br /> affect any rights at law or by statute or otherwise for a breach or threatened breach of any provision <br /> hereof, it being the intent of this provision to clarify that the respective rights and obligations of the <br /> Parties shall be enforceable in equity as well as at law or otherwise. <br /> 19.10 Entire Agreement.This Agreement and all applicable Service Orders consists of all the terms and <br /> conditions contained herein which articulate the full and complete understanding of the Parties <br /> pertaining to the subject matter of this Agreement. This Agreement supersedes any prior or subsequent <br /> understandings, proposals,representations,discussions,and/or agreements(oral or written),absent a <br /> specific reference therein superseding this Agreement. <br /> 19.11 Headings.The section headings in this Agreement are inserted as a matter of convenience and <br /> in no way define, limit,or describe the scope of extent of such section,or affect the interpretation of <br /> this Agreement <br /> 19.12 No Third Party Rights.This agreement is made only between the Parties hereof and shall not <br /> establish rights in any third party as a third party beneficiary or otherwise. <br /> Decatur Park District City of Decatur—An Illinois Municipality <br /> Signature: Signatur OUB O�k <br /> Name: Bob Brilley, II Name: Julie Moore Wolfe <br /> Date: January 17, 2018 Date: January 16, 2018 <br /> Title: Park Board President Title: Mayor <br />
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