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R2023-05 Resolution Authorizing an Intergovernmental Indefeasible Right of Use Agreement and Associated Sales Order with the Illinois Department of Innovation and Technology to Obtain Unused Fiber from the City of Decatur Fiber Network
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R2023-05 Resolution Authorizing an Intergovernmental Indefeasible Right of Use Agreement and Associated Sales Order with the Illinois Department of Innovation and Technology to Obtain Unused Fiber from the City of Decatur Fiber Network
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2/2/2024 1:39:05 PM
Creation date
1/19/2023 12:08:36 PM
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Resolution/Ordinance
Res Ord Num
R2023-05
Res Ord Title
R2023-05 Resolution Authorizing an Intergovernmental Indefeasible Right of Use Agreement and Associated Sales Order with the Illinois Department of Innovation and Technology to Obtain Unused Fiber from the City of Decatur Fiber Network
Department
Information Tech
Approved Date
1/17/2023
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fibers that are part of the Fiber System, other than the Dark Fiber secured by this IRU. Customer <br /> shall keep any and all of the Fiber System free from any liens, rights or claims of any third party <br /> attributable to Customer. <br /> 12.3 Customer and CITY shall promptly notify each other of any matters pertaining to, <br /> or the occurrence (or impending occurrence) of, any event which would be reasonably likely to <br /> give rise to any damage or impending damage to or loss of the Fiber System, or traffic thereon, <br /> that are known to such Party. Customer and CITY each agree to cooperate with and support the <br /> other in complying with any requirements applicable to their respective rights and obligations <br /> hereunder. <br /> 12.4 Customer shall not use its broadband systems in a way that interferes in any way <br /> with or adversely affects the use of the fibers or cable of any other person using the Fiber System. <br /> Customer acknowledges that the Fiber System includes or will include other participants, <br /> including the CITY and other owners and users of broadband systems. <br /> 12.5 If Customer elects to abandon use of the Dark Fiber after the first 20-year term or <br /> on any renewal term of this agreement, it shall notify CITY in writing of the effective date of the <br /> abandonment. Customer will not be entitled to a refund of any portion of the prepaid IRU Fee. <br /> After the date of abandonment, Customer's liability for Maintenance Fees with respect to the <br /> abandoned route miles will end ninety (90) days from the date that Customer delivers written <br /> notice of abandonment to CITY. Customer will remain liable for all fees associated with returning <br /> Dark Fiber to its initial state, as it was prior to Customer Interconnections and prior to customer <br /> purchase of Dark Fiber. <br /> ARTICLE 13 <br /> PARTIES RESPONSIBILITY <br /> To the extent permitted by Illinois law and not inconsistent with the doctrine of sovereign <br /> immunity, each party shall be responsible for the acts and omissions of its employees, <br /> contractors, officers, agents, and other personnel relating to the performance of services under <br /> this IGA. <br /> ARTICLE 14 <br /> LIMITATION OF LIABILITY <br /> CITY'S LIABILITY HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF <br /> THE IRU FEE, IF ANY, BASED ON THE TIME PERIOD REMAINING IN THE TERM OR ANY <br /> RENEWAL TERM WHEN THE EVENT GIVING RISE TO LIABILITY OCCURS. <br /> NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, <br /> NO PARTY HERETO SHALL BE LIABLE TO THE OTHER PARTY FOR INDIRECT SPECIAL, <br /> CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM A PARTY'S <br /> PERFORMANCE OR FAILURE TO PERFORM ANY TERM OR PROVISION OF THIS <br /> AGREEMENT, REGARDLESS OF WHETHER SUCH CLAIM IS MADE UNDER THEORIES OF <br /> CONTRACT OR THEORIES OF TORT (INCLUDING STRICT LIABILITY). <br /> 11 <br />
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