My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
R2021-154 Resolution Authorizing a Development Agreement with Sifi Networks Decatur LLC for Installing Broadband Services in Areas of Decatur not Serviced by the City
COD
>
City Clerk
>
RESOLUTIONS
>
2021
>
R2021-154 Resolution Authorizing a Development Agreement with Sifi Networks Decatur LLC for Installing Broadband Services in Areas of Decatur not Serviced by the City
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
9/14/2022 9:23:56 AM
Creation date
8/18/2021 12:29:45 PM
Metadata
Fields
Template:
Resolution/Ordinance
Res Ord Num
R2021-154
Res Ord Title
R2021-154 Resolution Authorizing a Development Agreement with Sifi Networks Decatur LLC for Installing Broadband Services in Areas of Decatur not Serviced by the City
Department
City Manager
Approved Date
8/16/2021
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
74
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
reasonably demonstrate that the City materially interfered with SiFi's ability to perform its <br /> obligations under the Agreement and violated this Agreement. <br /> 8.1.1 SiFi's Right to Cure or Respond. SiFi shall have forty-five (45) days from its <br /> receipt of a City Breach Notice(the"Initial SiFi Cure Period")to: <br /> (i) respond to the City, contesting the assertion of noncompliance or default and in <br /> such event the Parties shall use commercially reasonable efforts to promptly resolve <br /> such contest and to the extent the Parties are unable to resolve such contest within <br /> thirty(30) days of SiFi's response, each Party shall be entitled to seek any and all <br /> rights and remedies available to it at law or in equity to resolve such contest; or <br /> cure an actual default or noncompliance; provided, however, in the event that the <br /> default is curable but due to the nature of the default or noncompliance,such default <br /> or noncompliance cannot be cured within the Initial SiFi Cure Period, so long as <br /> SiFi initiates reasonable steps to remedy and continuously and diligently uses all <br /> reasonable efforts to cure such default or noncompliance promptly and notifies the <br /> City of the steps being taken and the projected date that they will be completed,the <br /> Initial SiFi Cure Period shall be extended for a reasonable amount of time to permit <br /> such cure but not to exceed ninety (90) days from SiFi's receipt of a City Breach <br /> Notice (the "Extended SiFi Cure Period" and together with the Initial SiFi Cure <br /> Period,the"SiFi Cure Period"). <br /> 8.1.2 City Rights and Remedies. <br /> (i) Except as provided in Sections 8.1.2(ii), (iii) and (iv) below which shall <br /> control in connection with the events described therein, if SiFi fails to cure <br /> any actual noncompliance or default as provided in Section 8.1.1(ii) above <br /> within the SiFi's Cure Period,the City may: <br /> (a) seek specific performance of any provision of this Agreement which <br /> lends itself to such remedy as an alternative to money damages; <br /> (b) seek money damages from SiFi; or <br /> (c) in the event of the breach of, noncompliance with or default under <br /> any material term of this Agreement,terminate this Agreement and revoke <br /> SiFi's license and rights hereunder and seek any and all rights and remedies <br /> available to it at law or in equity. <br /> (ii) Subject to Section 10.2 below, in the event SiFi fails to commence <br /> Construction on or before the Construction Commencement Deadline in <br /> accordance with Section 4.1 above and subsequently fails to commence <br /> Construction within the SiFi Cure Period, the City may provide written <br /> notice to SiFi of the City's intent to terminate this Agreement for such <br /> failure. SiFi shall have an additional sixty(60)day period after the SiFi <br /> Cure Period to commence Construction (the "Additional SiFi Cure <br /> Page 21 of 33 <br />
The URL can be used to link to this page
Your browser does not support the video tag.