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ar performing this Agreement,the representing Part}r is not in vioEation of its�harter or bylaws, or <br /> any law, regutation or agreement by which it is bound or to which it is subject; <br /> (b} That the execution, deiivery and pertarmance of this Agreement by such <br /> Party has been duly autharized by a11 requisite corporate action,that the signatories for such Party <br /> hereto are authariZed to sign this Agreement, and that the jainder ar consent af any other party, <br /> including a caurt or trustee or refieree, is not necessary to make valid and effective the execution, <br /> delivery and peeformance of this Agreement by such Party. <br /> 22.2 GUSTOMER ACKN4WLEDGES THAT, EXCEPT AS SET FORTN IN THIS <br /> AGREEMENT THE CITY MAKES NO WARRANTY, REPRESENTATION OR INDEMNITY, <br /> EXPRESS flR IMPLIED, W1TH RESPECT TQ THE DARK FIBER, THE FlBER SYSTEM, THE <br /> ASSOGIATECI PROPERTY, ANY CITY FACiLiTIES OR ANY WORK PERFORMED UNDER <br /> THIS AGREEMEN7, INCLUDlNG ANY AND ALL WARRANTIES OF DESIGN, <br /> MERCHANTABILITY OR FITNESS FOR PARTICULAR PURP4SE (JR ARISiNG FRQM A <br /> CCIURSE OF DEALING, USAGE OR TRADE, AND CUSTOMER HEREBY EXPRESSLY <br /> WAIVES AND DISCLAIMS AL� SUCH WARRANTIES, REPRESENTATIt?NS RND <br /> INDEMNITIE�� THE WARRANTIES SET �ORTH IN THIS AGREEMENT CONSTlTUTE THE <br /> ONLY WARRANTfES MADE BY THE CITY TO CUSTC}MER WETN RESPECT TO THIS <br /> AGREEMENT AND ARE MADE IN LIEU OF'ALL OTHER WARRANTIES, WRITTEN OR ORAL, <br /> STATUTORY, EXPRESS OR IMPLIEQ. For the avoidance af daubt, nothing contained in this <br /> Section 22.2 shall be in canflict with G(TY'S responsibility to maintain the Fiber System as further <br /> described in Article10 such that the Dark Fibers are operating in conformity with #he applicable <br /> specifications as fur#her described in Exhibit B. <br /> ARTICLE 23 <br /> GENERAL <br /> 23.1 Bindinq Effect. This Agreement, and each of the Parties' respective rights and <br /> obligations under this Agreement, shall be binding on and shal! inure to the benefit of the Parties <br /> hereto and each of their respective permitted successors and assigns. <br /> 23.2 Waiver. The failure of either Par#y hereto to enforce any of the provisians of this <br /> Agreement, or the waiver thereaf in any instance, shall not be construed as a general waiver or <br /> refinquishment on its part af any such provision, but the same shall nevertheless be and remain <br /> in full force and effect, <br /> 23.3 Choice of Law/Forum. This cantract shall be construed in accordance with and is <br /> subject to the laws and rules of the State of Illinois. <br /> 23.4 Rules of Canstruction. The captions or headings in this Agreement are strictly for <br /> canvenience and shafi not be considered in interpreting this Agreement t�r as ampl+fying ar limiting <br /> any of its content. Words in this Agreement which import the singular connotation shall be <br /> interpreted as plural, and words which import the plural cannotation shall be interpreted as <br /> singular, as the identity of the parties ar objects referred to may require. <br /> 18 <br /> i <br />