R2021-75 Resolution Authorizing an Intergovernmental Agreement with the State of Illinois Department of Innovation and Technology and the City of Decatur, Illinois for Fiber Optic Network Management Services

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ARTICLE 5-TERMINATION FOR CAUSE 5.1 DoIT may terminate this IGA,in whole or in part,immediately upon notice to the Public Agency if: (a)DoIT determines that the actions or inactions of Public Agency,its agents,employees or subcontractors have caused,or reasonably could cause,jeopardy to health,safety,or property, or(b) Public Agency has notified DoIT that it is unable or unwilling to perform the IGA. 5.2 If Public Agency fails to perform to DoIT's satisfaction any material requirement of this IGA,is in violation of a material provision of this IGA,or DoIT determines that the Public Agency lacks the financial resources to perform the duties and requirements described above,DolTshall provide written notice to the Public Agency to cure the problem identified within the period of time specified in DoIT's written notice. If not cured by that date DoIT may either: (a) immediately terminate the IGA without additional written notice or (b) enforce the terms and conditions of the IGA. 5.3 For termination due to any ofthe causes contained in this Section, DoIT retains its rights to seek any available legal or equitable remedies and damages. ARTICLE 6-TERMINATION FOR CONVENIENCE 6.1 Either party may, for its convenience and with 120 days prior written notice to the other party, terminate this IGA in whole or in part and without payment of any penalty or incurring any further obligation to the other party. In event that Public Agency terminates pursuant to this Article 6, Public Agency will not be entitled to receive any credits or reimbursements of any kind from DoIT. ARTICLE 7- DEFAULT 7.1 The following events shall constitute f"Events of Default",), the occurrence of which shall constitute a material breach of this Agreement and entitle the non-defaulting party to seek the rights and remedies available to it under the terms of this Article 7, Default: i) Failure by Public Agency to pay any amount when due and such failure is not cured within thirty (30) calendar days following receipt of written notice of such failure, or ii) Failure by either party to observe or perform any other material obligation under this Agreement when such failure shall continue for a period of thirty(30)calendar days(or such longer period as may be agreed upon by the parties in writing; provided that the defaulting party commences to cure such failure within such thirty (30) calendar day period and thereafter diligently pursues such cure) after written notice. 7.2 Riahts and Remedies of Public Agency., Upon the occurrence of an Event of Default by or with respect to DoIT, Public Agency shall be entitled to: (a) terminate the Agreement. 7.3 Riahts and Remedies of DoIT. Upon the occurrence of an Event of Default by or with respect 6