R2021-123 Resolution Authorizing an Indefeasible Right of Use Agreement and Associated Sales Order with Pontus LLC, a Series LLC for the Individually Protected Sunna Fiber LLC, DBA Sunna Fiber LLC to obtain Dark Fiber from the City of Decatur Fiber Networ

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proportion as separately determined or as originally assessed. In any such event, CITY shall provide timely notice of such challenge to Customer. 16.5 CITY and Customer agree to cooperate fully in the preparation of any returns or reports relating to the Impositions. CITY and Customer further acknowledge and agree that the provisions of this Article are intended to allocate the Impositions on procedures and methods of computation that are in effect on the date of this Agreement. Material changes in such procedures and methods could significantly alter the fundamental economic assumptions of the parties underlying this Agreement. Accordingly, the parties agree that, if such procedures or methods of computation change materially, the parties will negotiate in good faith an amendment to this Article 16 to preserve, to the extent reasonably practicable, the economic intent and effect of this Article. ARTICLE 17 NOTICES Unless otherwise stated herein, all notices and other communications required or permitted under this Agreement shall be in writing and shall be given by United States first class mail, postage prepaid, registered, or certified, return receipt requested, or by hand delivery (including by means of a professional messenger service or overnight mail)addressed as follows: If to Customer: For Administrative/Payment Notices: Sunna Fiber LLC Alan Duesterhaus 861 W. William St Decatur, Illinois 62521 For Legal Notices: Sunna Fiber LLC Alan Duesterhaus 861 W. William St Decatur, Illinois 62521 If to CITY: For Dark Fiber Acceptance or Rejection notice: City of Decatur Information Technology Director #1 Gary K. Anderson Plaza Decatur, Illinois 62523 For Payments: City of Decatur Accounts Receivable #1 Gary K.Anderson Plaza Decatur, IL 62523 14