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R2022-52 Resolution Authorizing a Memorandum of Understanding Agreement and associated Sales Order with the Howard G. Buffett Foundation to obtain Internet Access through the City of Decatur Fiber Optic Network
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R2022-52 Resolution Authorizing a Memorandum of Understanding Agreement and associated Sales Order with the Howard G. Buffett Foundation to obtain Internet Access through the City of Decatur Fiber Optic Network
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3/22/2022 4:43:08 PM
Creation date
3/22/2022 4:41:32 PM
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Resolution/Ordinance
Res Ord Num
R2022-52
Res Ord Title
R2022-52 Resolution Authorizing a Memorandum of Understanding Agreement and associated Sales Order with the Howard G. Buffett Foundation to obtain Internet Access through the City of Decatur Fiber Optic Network
Department
Finance
Approved Date
3/21/2022
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4.3 Invoicing and Payment Terms. The CITY will provide Customer with an annual itemized invoice, <br /> for the Services together with all other charges due. All amounts due the CITY are payable in full within <br /> thirty(30) days from date of invoice ("Due Date"). Invoice amounts not paid on or before the Due Date <br /> shall bear interest at the rate of one and one-half percent (1.5%) per month or the highest lawful rate, <br /> whichever is lower. Unless otherwise stated in the Service Order or Service Schedule,the CITY shall <br /> invoice Customer for any NRC upon acceptance of a Service Order. <br /> 4.4 Invoice Disputes. To the extent that Customer disputes any portion of an invoice, Customer <br /> shall notify the CITY in writing and provide detailed documentation supporting its dispute within thirty <br /> (30)days of the invoice date or the Customer's right to any billing adjustment shall be waived. In the <br /> event of a billing dispute, Customer shall pay all undisputed amounts by the invoice due date. If the <br /> dispute is resolved against Customer, Customer shall pay such amounts due plus interest as set forth in <br /> Section 4.3 from the date the payment was originally due.A dispute may not be based upon a claim that <br /> all or a portion of the charges for the Services were incurred by unauthorized users. <br /> ARTICLE 5—CANCELLATION <br /> 5.1 Cancellation. Customer may cancel a Service Order at any time prior to the date of Service <br /> Order Acceptance for such Service without any further liability. In the event Customer requests <br /> cancellation of a Service after Service Order Acceptance and prior to the date the CITY has sent a Service <br /> Activation Notice for such Service, Customer shall be obligated to pay the CITY for any costs the CITY has <br /> incurred in provisioning the Service prior to the date of cancellation, including, but not limited to, any <br /> contracts entered into by the CITY in connection with this Agreement and any completed or incomplete <br /> installation services rendered. If Customer requests cancellation at any time on or after the date the <br /> CITY has sent a Service Activation Notice to Customer with 30 days' notice,then Customer shall be liable <br /> for the early termination charges set forth in Article 6 below. <br /> ARTICLE 6—EARLY TERMINATION <br /> 6.1 Early Termination. In the event that Customer terminates any Service after the Service <br /> Activation Date but prior to the end of the Service Term or Service Renewal Term, or the CITY <br /> terminates Services pursuant to a Customer Default, Customer shall be subject to early termination <br /> charges equal to (i) 50%of the remaining reoccurring charges in the term; plus(ii) any and all installation <br /> charges, reasonable construction costs,charges from termination of Third Party Services, or other <br /> charges or costs which have been incurred by the CITY in providing Customer with Services. Customer <br /> may exercise such right to terminate for convenience by providing at least thirty(30)days prior written <br /> notice. The Parties agree that the charges in this Section are a genuine estimate of the CITY's actual <br /> damages in the event Customer terminates for convenience and are not a penalty. <br /> ARTICLE 7-EQUIPMENT AND INSTALLATION <br /> 7.1 CITY Equipment.There will be no City Provided Equipment on Customer premises for CITY to <br /> maintain. <br /> 7.2 Customer Equipment. Equipment and service beyond the point of demarcation and/or <br /> interconnection between CITY facilities at the CITY right of way and terminal equipment and the wiring <br /> at the point of demarcations shall be the responsibility of Customer. If Customer provides its own <br /> equipment,the CITY shall have no obligation to install, maintain or repair the equipment. If, on <br />
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