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ARTICI.E 17-INDEMNIFtCAT10N
<br /> 17.1 To the extent permitted by law,Custamer shail indemnify and hoid harrniess the CITY, its
<br /> agencies, officers,emp�oyees, agents and voiunteers fram any and all costs,demands,expenses, losses,
<br /> daims,darnages, liabilities,settlements and judgments, including in-hause and contracted attorneys'
<br /> fees and expenses, arising out of: (a)any breach or violation by the Customer of any of its certifications,
<br /> representations,warranties, cavenants or agreements; (b}any actua!ar a(leged death or injury ta any
<br /> person, damage to any property or any other damage or loss claimed to result in whole ar in part fram
<br /> Customer's negligent performance;or(c�any act,activity or arnission of the Customer or any of its
<br /> employees, representatives, ar agents. Neither Party shall be liable far incidental, special, consequential
<br /> or punitive damages. The CITY agrees to reasonably cooperate with Gustomer in the defense of any
<br /> third party claim, and agrees that the Custamer will have full contral and authority over the defense and
<br /> any settlements.
<br /> ARTICLE 18—FORCE MA.IEURE
<br /> 18.1 Natwithstanding anything ta the contrary contained in this Agreement neither Party shall be
<br /> liable for lass ar damage or deemed to be in breach of this Agreement due ta such Party's failure or
<br /> delay of performance,wholly or in part, under this Agreement if such failure or delay of performance is
<br /> due to causes beyond such Party's reasanable control{"Force Majeure Even#"}, including but nat limited
<br /> to: acts of God,fire,flood, explosion,storm or other catastrophic event;strikes or work stoppages;
<br /> lockouts;acts of any government authority or af any civil or military authority including regulatory
<br /> mandates; national emergencies; cable cut(s);sabatage; insurrections; riots;wars;and unforeseen acts
<br /> of third Parties that cannot be avoided by acts af due care. Any delay resulting#rom a Force Majeure
<br /> Event shall extend performance accordingly or excuse performance, in whale or in part,as may be
<br /> reasonable.
<br /> ARTICLE 19—MISCELlANEQUS PRQVISIONS
<br /> 19.1 IP Address Allocation Policy. CITY shall prqvide all Internet Protocol("IP") addresses needed for
<br /> Custamer and its equipment to use for the sole purpose af using the CITY Fiber Netwark to access the
<br /> Internet and Intranet, provided that CITY retains sale and absalute administrative control of each IP
<br /> address pravided, induding without limitation,determining system requirements and deplayment of
<br /> each IP address, monitoring system use,and denying assignment of or revoking assignments of
<br /> addresses. Use of CITY addresses on other provider networks without CITY's written consent is
<br /> prohibited.
<br /> 19.2 Applicable Law. This Agreement will be governed by the laws of the State of Illinois,without
<br /> reference to i#s chaice of law rules.
<br /> 19.3 Right and Autharity. Each of the Parties hereto represents and warran#s to the ather that this
<br /> Agreement shall be binding upon and insure to the benefit of each of the Parties hereto and their
<br /> respective agents,servants, employees, representatives, affiliates, heirs,executors,transferees,
<br /> successars,and assigns,as the case may be.
<br /> 19.4 Natices. !f ta GTY:All inquiries and notices shall be addressed ta City of Deca#ur,Attn:IT
<br /> Director at 1 Gary K. Anderson Plaza, Decatur, Illinais 62723, by telephone at 217-424-2703 or by email
<br /> at MISC}decaturil.�av.
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