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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scape of wark. Custamer shall be responsibie for the costs a# any such additionai Interconnections. 9.3 Customer understands that wark requested under this Article 9 may cause the CITY to incur additional obligations with third parties("Third Pa►ty Obligations"). Customer hereby agrees to pay or reimburse CITY for any fees assaciated with sueh Third-Party C}bligations, provided that CITY witl inform Customer af these additional obligations in writing prior to incurring them, and Custamer may then choase whether#o request pecfarmance of the work. ARTICLE 10 MAiNTENANCE AND REPA(R OF THE FIBER SYSTEM 10.1 Fram and after the IRU Effective Date, the ma+ntenance of the Fiber System shatl be provided in accordance with the CtTY standard maintenance specifications and procedures set forth in Exhibit D {attached hereto and incorporated by reference). C�stomer agrees #a pay CITY for Fiber Maintenance in accordance with the provisions set forth in Exhibit A. CITY reserves the right to increase the Fiber Maintenance Fee specified in Exhibit A foklowing the 1 St year from and every year thereafter the IRU Effective Date by an amount equal to the increase in the Consumer Price lndex published by the United States Deparkment of Labar&Bureau of Labor Statistics. 10.2 From and after the IRU Effective Date, in the event that all or any part of the Fiber System within such Segment is damaged or destroyed such that a Service Affecting Conditian exists an the dark Fiber, CITY shall resolve such Service Affecting Condition utilizing its standard procedures set farth in Exhibit D. Notwithstanding anything contained herein to the contrary, CITY shall nat incur any liability to Customer by reason of a Service Affecting Candition, except its obligation to resolve such Service Affecting Candition as set forth in this Section, and Customer shall nat be entitled ta any credits for !RU Fees or any other payment paid ar to be paid by the Customer pursuant ta this Agreement by reason of such Service Affecting Condition. For purposes af this Section, "Service Affecting Condition" shall mean any condition that causes lass of traffic to Custamer, except where the condition is eaused by a deficiency in Customer's efectronics or ofiher equipment. 10.3 The maintenance services to be provided by GITY include nan-routine maintenance and repair of the Fiber 5ystem in response to an actual or potential failure, interruption or impairment in the aperation of the Fiber System like; any request by a #hird party to relocate a portion of the fiber, or any act of God like sink hafes involving the segment of the Fber System where the Cusfomer is part owner. ("Unscheduled Maintenance"}. Any Unscheduled Maintenance Costs found to be the responsibility of the fiber awners will be alloca#eci amang the�arious owners and other interest holders#or the affec#ed portion of the Fiber System, including Customer. Customer will be responsibte for its Proportionate Share of any such Unschedcaled Maintenance Costs, which wi11 be invoiced by CITY ta Customer. In this agreement the Proportionate Share to the Customer is equal ta finro (2) of ane hundred farty-four {144)fibers or 1.4°to of the total Unscheduled Maintenance Costs for this segment. 10.4 Customer shall have no right ta physically access the Fiber System or maintain, adjust, align or attempt to repair the Dark Fiber. Natwiths#anding the foregoing, this provision shall i 9