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R2020-154 Resolution Authorizing a Memorandum of Understanding Agreement and Associated Sales Order with Decatur Macon County Opportunities Corporation to obtain Internet Access through the City of Decatur Fiber Network
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R2020-154 Resolution Authorizing a Memorandum of Understanding Agreement and Associated Sales Order with Decatur Macon County Opportunities Corporation to obtain Internet Access through the City of Decatur Fiber Network
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3/11/2021 12:46:47 PM
Creation date
10/27/2020 3:38:19 PM
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Resolution/Ordinance
Res Ord Num
R2020-154
Res Ord Title
R2020-154 Resolution Authorizing a Memorandum of Understanding Agreement and Associated Sales Order with Decatur Macon County Opportunities Corporation to obtain Internet Access through the City of Decatur Fiber Network
Department
Information Tech
Approved Date
10/19/2020
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defense of any third-party claim and agrees that the Customer will have full control and authority over <br /> the defense and 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. <br /> If to Customer: <br /> For Administrative and Maintenance Notices: <br /> Name: Tara Murray <br /> Address: 360 East Marietta Street <br /> City/State/Zip: Decatur, Illinois 62521 <br /> Phone#: (217)428-0155 <br /> Email Address: tmurray@dmcoc.org <br />
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