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ARTICLE 17-INDEMNIFICATION
<br /> 17.1 To the extent permitted by law, Customer shall indemnify and hold harmless the CITY, its
<br /> agencies, officers,employees, agents and volunteers from any and all costs, demands, expenses, losses,
<br /> claims, damages, liabilities,settlements and judgments, including in-house and contracted attorneys'
<br /> fees and expenses, arising out of: (a) any breach or violation by the Customer of any of its certifications,
<br /> representations,warranties, covenants or agreements; (b) any actual or alleged death or injury to any
<br /> person, damage to any property or any other damage or loss claimed to result in whole or in part from
<br /> Customer's negligent performance; or(c) any act,activity or omission of the Customer or any of its
<br /> employees, representatives, or agents. Neither Party shall be liable for incidental, special,consequential
<br /> or punitive damages. The CITY agrees to reasonably cooperate with Customer in the defense of any
<br /> third-party claim and agrees that the Customer will have full control and authority over the defense and
<br /> any settlements.
<br /> ARTICLE 18—FORCE MAJEURE
<br /> 18.1 Notwithstanding anything to the contrary contained in this Agreement neither Party shall be
<br /> liable for loss or damage or deemed to be in breach of this Agreement due to such Party's failure or
<br /> delay of performance,wholly or in part, under this Agreement if such failure or delay of performance is
<br /> due to causes beyond such Party's reasonable control ("Force Majeure Event"), including but not limited
<br /> to: acts of God,fire,flood, explosion, storm or other catastrophic event; strikes or work stoppages;
<br /> lockouts; acts of any government authority or of any civil or military authority including regulatory
<br /> mandates; national emergencies; cable cut(s); sabotage; insurrections; riots; wars; and unforeseen acts
<br /> of third Parties that cannot be avoided by acts of due care. Any delay resulting from a Force Majeure
<br /> Event shall extend performance accordingly or excuse performance, in whole or in part, as may be
<br /> reasonable.
<br /> ARTICLE 19—MISCELLANEOUS PROVISIONS
<br /> 19.1 IP Address Allocation Policy. CITY shall provide all Internet Protocol ("IP")addresses needed for
<br /> Customer and its equipment to use for the sole purpose of using the CITY Fiber Network to access the
<br /> Internet and Intranet, provided that CITY retains sole and absolute administrative control of each IP
<br /> address provided, including without limitation, determining system requirements and deployment of
<br /> each IP address, monitoring system use, and denying assignment of or revoking assignments of
<br /> addresses. Use of CITY addresses on other provider networks without CITY's written consent is
<br /> prohibited.
<br /> 19.2 Applicable Law. This Agreement will be governed by the laws of the State of Illinois,without
<br /> reference to its choice of law rules.
<br /> 19.3 Right and Authority. Each of the Parties hereto represents and warrants to the other that this
<br /> Agreement shall be binding upon and insure to the benefit of each of the Parties hereto and their
<br /> respective agents, servants, employees, representatives, affiliates, heirs, executors,transferees,
<br /> successors, and assigns, as the case may be.
<br /> 19.4 Notices. If to CITY:All inquiries and notices shall be addressed to City of Decatur,Attn: IT
<br /> Director at 1 Gary K.Anderson Plaza, Decatur, Illinois 62723, by telephone at 217-424-2703 or by email
<br /> at MIS@decaturil.gov.
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