Laserfiche WebLink
ARTICLE 20 <br /> TERMINATION <br /> Upon termination of this Agreement, the IRU shall immediately terminate and all rights of <br /> Customer hereunder to use the Fiber System shall cease, all rights hereunder to the use of the <br /> Fiber System shall revert to the CITY, and the CITY shall owe Customer no further duties, <br /> obligations or consideration. Customer shall, within thirty (30) days of such termination, remove <br /> from any CITY facilities, all Customer property, equipment and materials used in connection with <br /> the Dark Fiber. Customer shall accomplish such removal at Customer's sole expense, under <br /> CITY'S supervision and in a manner that does not damage the Fiber System. Customer shall be <br /> responsible for any damage caused by such removal. If Customer fails to remove its property <br /> within such period, the property shall be deemed abandoned and the CITY shall dispose of the <br /> same in any manner it deems reasonably appropriate, at Customer's expense. Termination of <br /> this Agreement shall not affect the rights or obligations of either Party that have arisen before the <br /> date of termination or expiration. <br /> ARTICLE 21 <br /> ASSIGNMENT AND TRANSFER RESTRICTIONS <br /> 21.1 Subject to Section 21.2 below, Customer may not transfer or assign all or any part <br /> of its interest under this Agreement, or delegate any duties, burdens, or obligations arising <br /> hereunder, without the CITY'S consent, which consent may be given or withheld in CITY'S sole <br /> and absolute discretion. A transfer or assignment in violation of this Article 21 shall constitute a <br /> material breach of this Agreement. <br /> 21.2 Notwithstanding the arrangements permitted under this Article 21, Customer <br /> acknowledges and agrees that Customer shall not sell, lease, IRU or otherwise transfer any <br /> interest in the Dark Fibers to a third party. The Parties understand and agree that the CITY <br /> would not have entered this Agreement but for the provisions in this section 21.2. <br /> ARTICLE 22 <br /> REPRESENTATIONS WARRANTIES AND ACKNOWLEDGMENTS <br /> 22.1 By execution of this Agreement, each Party represents and warrants to the other: <br /> (a) That the representing Parry has full right and authority to enter into and <br /> perform this Agreement in accordance with the terms hereof and thereof,and that by entering into <br /> or performing this Agreement, the representing Party is not in violation of its charter or bylaws, or <br /> any law, regulation or agreement by which it is bound or to which it is subject; <br /> (b) That the execution, delivery and performance of this Agreement by such <br /> Party has been duly authorized by all requisite corporate action,that the signatories for such Party <br /> hereto are authorized to sign this Agreement, and that the joinder or consent of any other party, <br /> 17 <br />