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R2020-144 Resolution Authorizing a Memorandum of Understanding Agreement and Associated Sales Order with Baby Talk, Inc. to obtain Internet Access through the City of Decatur Fiber Network
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R2020-144 Resolution Authorizing a Memorandum of Understanding Agreement and Associated Sales Order with Baby Talk, Inc. to obtain Internet Access through the City of Decatur Fiber Network
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Last modified
3/11/2021 12:46:47 PM
Creation date
10/13/2020 11:24:02 AM
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Resolution/Ordinance
Res Ord Num
R2020-144
Res Ord Title
R2020-144 Resolution Authorizing a Memorandum of Understanding Agreement and Associated Sales Order with Baby Talk, Inc. to obtain Internet Access through the City of Decatur Fiber Network
Department
Information Tech
Approved Date
10/5/2020
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If to Customer: <br /> For Administrative and Maintenance Notices: <br /> Name: Amy Malone <br /> Address: 355 East Marietta Street <br /> City/State/Zip: Decatur, Illinois 62521 <br /> Phone#: (217)475-2234 <br /> Email Address: amym@babytalk.org <br /> For Legal Notices: <br /> Name: Amy Malone <br /> Address: 355 East6 Marietta Street <br /> City/State/Zip: Decatur, Illinois 62521 <br /> Phone#: (217)475-2234 <br /> Email Address: amym@babytalk.org <br /> 19.5 Severability. If any provision of this Agreement is declared or found to be illegal, unenforceable, <br /> or void,the Parties shall negotiate in good faith to agree on a substitute provision that is legal and <br /> enforceable and is as near as possible consistent with the intentions underlying the original provision. If <br /> the remainder of this Agreement is not materially affected by such declaration or finding and is capable <br /> of substantial performance,then the remainder shall be enforced to the extent permitted by law. <br /> 19.6 Interpretation.The construction of this Agreement shall not be construed against the Party <br /> causing its preparation but shall be interpreted on the basis of the plain meaning of the terms used <br /> which have been reviewed by both Parties in consultation with their respective counsel. Any provision <br /> of this Agreement officially declared void, unenforceable, or against public policy,shall be ignored and <br /> the remaining provisions shall be interpreted, as far as possible,to give effect to the Parties' intent. All <br /> provisions that by their nature would be expected to survive, shall survive termination. <br /> 19.7 Modifications.The CITY may have the need to modify the service or business aspects of this <br /> Agreement from time to time due to changes in service or availability and reserves the right to do so. <br /> The CITY shall provide 30 days prior written notice to Customer of any modification adopted by the CITY. <br /> The CITY will not change any legal terms and conditions in this agreement without the prior approval of <br /> Customer. <br /> 19.8 Assignability.Customer may not assign this Agreement or any of its obligations, duties or <br /> burdens arising hereunder,without the CITY's consent. A transfer or assignment in violation of this <br />
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