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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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ARTICLE 15 <br /> INSURANCE <br /> 15.1 Customer is self-insured and shall maintain the coverage required in 20 ILCS 405- <br /> 105. <br /> ARTICLE 16 <br /> TAXES, FEES AND OTHER IMPOSITIONS <br /> 16.1 The parties acknowledge and agree that it is their mutual objective and intent to <br /> (a) minimize the aggregate Impositions payable with respect to the Fiber System, and (b) share <br /> such Impositions according to their respective interests in the Fiber System. They agree to <br /> cooperate with each other and coordinate their efforts to achieve such objectives in accordance <br /> with the provisions of this Article. <br /> 16.2 CITY shall be responsible for and shall timely pay any and all Impositions imposed <br /> or assessed prior to the Acceptance Date. <br /> 16.3 Following the first Acceptance Date, Customer shall be responsible for and shall <br /> pay to the extent appliable, (a) all Impositions imposed on, based on, or otherwise measured by <br /> the gross receipts, gross income, net receipts or net income received by or accrued to Customer <br /> with respect to the use of the Dark Fiber; or (b) all Impositions which have been separately <br /> assessed, allocated to, or imposed on the Dark Fiber including, but not limited to ad valorem <br /> property taxes and the Third Party Obligations. If the Dark Fiber is the only fiber located in a <br /> Cable from the point where the Cable leaves the Fiber System right-of-way to a Customer POP, <br /> Customer shall be solely responsible for any and all Impositions imposed on or with respect to <br /> such portion of the Fiber System. To the extent such Impositions are not separately assessed, <br /> allocated to, or imposed on the Dark Fiber, CITY will pay, or request concurrent payment by CITY <br /> and Customer of, all such Impositions. CITY shall notify Customer of such Imposition, and <br /> Customer shall promptly reimburse CITY for (or pay concurrently) Customer's share of all such <br /> Impositions, which shall be determined as follows: <br /> (a) To the extent that such Impositions are calculated based on the revenue, projected <br /> revenue, receipts, income or profits of Customer or its Affiliates, Customer will be <br /> responsible for the portion of the amount of such Impositions as is calculated <br /> based on the revenue, projected revenue, receipts, income or profits of Customer <br /> or its Affiliates; <br /> (b) To the extent that such Impositions are calculated based on the revenue, projected <br /> revenue, receipts, income or profits of CITY or its Affiliates, CITY will be <br /> responsible for the portion of the amount of such Impositions as is calculated <br /> based on the revenue, projected revenue, receipts, income or profits of CITY or its <br /> Affiliates; <br /> 12 <br />
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