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ONLY WARRANTIES MADE BY THE CITY TO CUSTOMER WITH RESPECT TO THIS <br /> AGREEMENT AND ARE MADE IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, <br /> STATUTORY, EXPRESS, OR IMPLIED. For the avoidance of doubt, nothing contained in this <br /> Section 22.2 shall be in conflict with CITY'S responsibility to maintain the Fiber System as further <br /> described in Article10 such that the Dark Fibers are operating in conformity with the applicable <br /> specifications as further described in Exhibit B. <br /> ARTICLE 23 <br /> GENERAL <br /> 23.1 Binding Effect. This Agreement, and each of the Parties' respective rights and <br /> obligations under this Agreement, shall be binding on and shall inure to the benefit of the Parties <br /> hereto and each of their respective permitted successors and assigns. <br /> 23.2 Waiver. The failure of either Party hereto to enforce any of the provisions of this <br /> Agreement, or the waiver thereof in any instance, shall not be construed as a general waiver or <br /> relinquishment on its part of any such provision, but the same shall nevertheless be and remain <br /> in full force and effect. <br /> 23.3 Choice of Law/Forum. This contract shall be construed in accordance with and is <br /> subject to the laws and rules of the State of Illinois. <br /> 23.4 Rules of Construction. The captions or headings in this Agreement are strictly for <br /> convenience and shall not be considered in interpreting this Agreement or as amplifying or limiting <br /> any of its content. Words in this Agreement which import the singular connotation shall be <br /> interpreted as plural, and words which import the plural connotation shall be interpreted as <br /> singular, as the identity of the parties or objects referred to may require. <br /> (a) Unless expressly defined herein, words having well known technical or <br /> trade meanings shall be so construed. All listing of items shall not be taken to be exclusive, but <br /> shall include other items, whether similar or dissimilar to those listed, as the context reasonably <br /> requires. <br /> (b) Except as set forth to the contrary herein, any right or remedy of Customer <br /> or the CITY shall be cumulative and without prejudice to any other right or remedy, whether <br /> contained herein or not. <br /> (c) This Agreement has been fully negotiated between and jointly drafted by <br /> the Parties. <br /> (d) All actions, activities, consents, approvals, and other undertakings of the <br /> Parties shall be performed in a reasonable and timely manner, it being expressly acknowledged <br /> and understood that time is of the essence in the performance of obligations required to be <br /> performed by a date expressly specified herein. Except as specifically set forth herein, for the <br /> purpose of this Agreement the standards and practices of performance within the <br /> telecommunications industry in the relevant market shall be the measure of a Party's <br /> performance. <br /> 23.5 Entire Agreement. This Agreement constitutes the entire and final agreement and <br /> understanding between the Parties with respect to the subject matter hereof and supersedes all <br /> 18 <br />