R2019-149 Resolution Authorizing an Indefeasible Right Of Use Agreement and Associated Sales Order with Decatur Public School District #61 to Obtain Dark Fiber from the City Of Decatur Fiber Network

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resul#s conform to the speeifications set forth in Exhibit B, the Parties shall work together ta da caoperative testing, sharing the cost equally, to determine whether the test results conform ta specifications. In the event the cooperative testing continues to demonstrate that the Dark Fiber canfarms to the specifications in Exhibit B, and Customer continues to reject the Dark Fibers for farty-five (45) days after CITY made viable Dark Fibers available to Customer, this Agreernent shall automatically termina#e, and Customer shall pay 50°l0 of the IRU Fee as a penalty for early termination. ARTIC�.E 7 DQCUMENTATION Wi#hin ninety (90) days of the date af a Completion Notice, CITY shall provide a route rnap to Customer in elec#ronic format. At a minimum, the maps will shaw demarcation paints, raute, and existing splice point locatians. CITY shall pravide updated maps ta Customer upon request, not to exceed two times in any 12-month period. ARTICLE 8 TERM UF iRU 8.1 The IRU shall be granted and become effeetive when the Acceptance Date has occurred ("IRU Effective Date") and, subject to Section 8.2 and Articles 11, 19, 20, the IRU shall extend for a periad of twenty{20}years thereafter{"Term"}. 8.2 Upon the expiration of the Term a(f rights ta use ofi the Dark Fiber and any rela#ed rights granted hereunder, shall revert to CITY without reimbursement of any af the IRU Fee or other amounts previously paid, or required to be paid, by Customer hereunder, and Customer shall have no fur#her right hereunder ta use the Dark Fiber or any related Associated Proper#y or CITY facilities. Upon written request from the Customer and at least 30 days priar to the expiration of the Term, the CITY will e�end this IRU in 5-year increments far no additional 1RU Fee as long as the fiber maintenance defined in Sections 4.2 is paid and current. ARTICLE 9 INTERC4NNECTlON WITH THE FIBER SYSTEM 9.1 The Customer shall pay far Interconnection of its cammunications system with the Dark Fiber at the connecting points identified in Exhibit A. All Intercannections af the Dark Fiber and al!other work with respect to the Fiber System shall be performed by an appraved CITY fiber contractar. It is the responsibility of the Customer to obtain all governmental and other appravals and consents necessary with respect#o work being compfeted at the Gonnecting Points. 9.2 intercannectian Points by Customer other than those required to fulfili this �RU request are prahibited withaut CITY'S written approval. The CITY may grant or withhold such approval in its sale and absalute discretian. Customer and CiTY shail mutual(y configure #he 8