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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
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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
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9/14/2022 9:23:56 AM
Creation date
8/18/2021 12:29:45 PM
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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
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Email:NOTICES@SiFiNetworks.com <br /> or to such other address as such Party may hereafter specify for the purpose by notice to the <br /> other Party in the manner provided in this Section 10.3. All such notices, requests and other <br /> communications will be deemed received on the date of receipt if received prior to 5 p.m. on any <br /> business day in the place of receipt. Otherwise, any such notice, request or communication will <br /> be deemed not to have been received until the next succeeding business day in the place of receipt. <br /> Rejection or other refusal to accept or inability to deliver because of change of address of which <br /> no notice was given shall be deemed to be receipt of the notice. <br /> 10.4 Entire Agreement. This Agreement, including all Exhibits, embodies the entire <br /> understanding and agreement of the City and SiFi with respect to the subject matter hereof. This <br /> Agreement supersedes all other agreements whether written,verbal,or otherwise between SiFi and <br /> the City with respect to the subject of this Agreement. <br /> 10.5 Severability. If any term or provision of this Agreement is invalid, illegal or <br /> unenforceable in any jurisdiction,such invalidity,illegality or unenforceability shall not affect any <br /> other term or provision of this Agreement (which other terms and provisions shall remain in full <br /> force and effect) or invalidate or render unenforceable such term or provision in any other <br /> jurisdiction. Upon such determination that any term or other provision is invalid, illegal or <br /> unenforceable, the Parties hereto shall negotiate in good faith to modify this Agreement so as to <br /> effect the original intent of the Parties as closely as possible in a mutually acceptable manner in <br /> order that the transactions contemplated hereby be consummated as originally contemplated to the <br /> greatest extent possible. <br /> 10.6 Governing Law. This Agreement shall be deemed to be executed in the State of <br /> Illinois and shall be governed in all respects, including validity, interpretation and effect, and <br /> construed in accordance with, the laws of the State of Illinois as applicable to contracts entered <br /> into and performed entirely within the State, irrespective of conflict of laws principles. <br /> 10.7 Modification. This Agreement shall not be amended or otherwise modified, in <br /> whole or in part,except by an instrument,in writing,duly executed by the City and SM. For the <br /> avoidance of doubt,this Agreement cannot be amended or modified orally or by course of conduct, <br /> and no executory agreement, oral agreement or course of conduct shall be effective to amend or <br /> modify this Agreement in whole or in part. <br /> 10.8 No Third Partv Beneficiaries. Nothing in this Agreement or in any prior <br /> agreement is or was intended to confer third party beneficiary status on any party or Person not a <br /> party to this Agreement including a member of the public. <br /> 10.9 No Waiver of Rights. Nothing in this Agreement shall be construed as a waiver <br /> of any rights, substantive or procedural that SiFi or the City may have under federal or state law <br /> unless such waiver is expressly stated herein. <br /> Page 27 of 33 <br />
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