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R2019-101 Resolution Authorizing a Memorandum of Understanding Agreement and Associated Sales Order with Crossing Healthcare to Obtain Internet Access through the City of Decatur Fiber Network
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R2019-101 Resolution Authorizing a Memorandum of Understanding Agreement and Associated Sales Order with Crossing Healthcare to Obtain Internet Access through the City of Decatur Fiber Network
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7/17/2019 9:40:44 AM
Creation date
7/17/2019 9:40:42 AM
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Resolution/Ordinance
Res Ord Num
R2019-101
Res Ord Title
R2019-101 Resolution Authorizing a Memorandum of Understanding Agreement and Associated Sales Order with Crossing Healthcare to Obtain Internet Access through the City of Decatur Fiber Network
Department
Information Tech
Approved Date
7/15/2019
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i - <br /> Section 19.8 shall constitute a material breach of this Agreement. CITY wil!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 sha�l not be mutually exc(usive; i.e., <br /> the exercise of one(1�ar more of the provisions hereof shall not preclude the exercise of any other <br /> pravision hereof. Custamer acknowledges, confirms and agrees that damages may be inadequate far a <br /> breach or a threatened breach of this Agreement and, in the event af a breach or threatened breach of <br /> any provision hereof,the respective rights and obligatians hereunder shall be enforceable by specific <br /> performance, injunction or other equitable remedy. Nothing cantained in this Agreement shali limit or <br /> affect any rights at law or by statute or otherwise for a breach or threatened breach of any provision <br /> hereaf, it being the intent of this provision to darify that the respective rights and obligatians of the <br /> Parties shall be enforceabie in equity as well as at law ar otherwise. <br /> 19.10 Entire Agreement.This Agreement and ail 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 ta the subject matter of this Agreemeni. 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 /> 19.21 Headings.7he section headings in#his Agreement are inserted as a matter of convenience and <br /> in na way define, limit,or describe the scope of extent af such section, or affect the interpretation of <br /> this Agreement <br /> 19.12 Na Third Party Rights.This agreement is made only between the Parties hereof and shall not <br /> establish rights'rn any third party as a third party beneficiary or otherwise. <br /> Crossin�Healthcare Citv of Decatur—An Illinais Municipalitv <br /> Signature: �'�/ ',// �// �/�`�� Signat e: � � <br /> ��� ' � 1�� <br /> Name: ��I�/�S �. d�'G�Sf`� Name:���l� f�rl�'/�It� 'rZ ���l--Y"� <br /> Date: U - 'Z 7- Z���' Date: � j�p��/�l ( <br /> / l (� <br /> Title: ��'p� Titte: ���� U!�-' <br /> If <br />
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