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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52 Customer specifcally acknawledges that Custamer is responsible for al! engineering, design and construction work on the Customer side of each Connecting Point, in addition to securing its own rights and related costs to access, occupy, and conduct typical broadband operations up to the Connecting Point (which may include, but not be limited to, construction permits and right away rights). Collectively, these Customer responsibifities are defined as "Custamer Requirements". CITY acknowledges the Customer Requirements, and Custr�mer will work diligently to finalize such considerations in order for CITY to complete its wark by the Anticipated Gompletion Da#e. Customer acknawledges that any delay in Custamer completing/providing Customer Requirements may delay CITY from completing work at any Connecting Point. In the event that Customer has nat completedlprovided the Custamer Requirements by an agreed-upon date in order to allow CtTY to complete work at any Cannecting Point(including Fiber Acceptance Testing (see Article 6))an or before the Anticipated Completian Date, then CITY may cantinue with the acceptance procedures to the extent possible and invoice for the services under this Agreement as if all locations were completed by the Anticipated Campletion Date, provided that #he CITY Fiber System at the Cannecting Point meets Fiber Acceptance Testing procedures upon Customer's campletion af the Custamer Requirements. Upan receipt of said invaice,Customer shall remit payment for the seruiees p�rfarmed herein and in accordance with the terms of this Agreement. 5.3 Customer acknowledges and agrees that CITY is not suppiy'rng nor is CiTY obligated to suppfy to Customer any aptronics or electronics or optica! or electrical equipment or other faciiities, al# of which are solely the respansibility of Custamer, nar is CITY responsible for perfarming any work other than as specified in this Agreement. ARTICl.E 6 ACCEPTANCE AND TESTfNG flF QARK FIBERS 6.1 Dark fiber specifications set forth in Exhibit B {attached hereto and incorparated as reference) define acceptable Dark Fiber speci#ications within the CITY Fiber netwark. 6.2 Customer will be noti�ied an ar befare the Anticipated Completian Date in Exhibit A by email when the fiber contracted for in this agreement is tested and ready to use, "Fiber Ready" date. Within 90 days of#he Fiber Ready date of this agreement, Custamer shall provide CITY with a written and or electranic notice accepting the Dark Fiber by signing the notice referenced in Exhibit E(attached here#o and incorparated by reference)or rejecting the Dark Fiber by specifying in writing the defect or failure in the Fiber Acceptance Testing. lf Customer faiis to notify ClTY of Dark Fiber acceptance or rejection within 90 days following the Fiber Ready date of this Agreement, Customer shall be deemed to have accepted such Dark Fiber. The date of such notice of acceptance or deemed acceptance of the Dark Fiber shall be the "Acceptance Date." In the event of any good faith rejection by Customer, �ITY shall take action as necessary, and as expeditiously as practicable, to correct or cure such defect or failure in accordance with Fiber Acceptance Testing. The foregoing procedure shall apply again and successively thereafter until CITY has remedied all defects or failures. The foregoing natwithstanding, if Customer uses the Dark Fiber ather than#or testing prior to acceptance, such use shall constitute acceptance of the Dark Fiber and the first date of such use shall be the Acceptance Date. j 6.3 If Custamer rejects the Dark Fiber even thaugh CITY reasonably believes the test 7