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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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(c) Otherwise, Customer will be responsible for its Proportionate Share of the <br /> Impositions and CITY will be responsible for its Proportionate Share of the <br /> Impositions. <br /> 16.4 CITY shall have the right to contest any Imposition (including by nonpayment of <br /> such Imposition). Any refunds or credits resulting from a contest brought pursuant to this <br /> Section 16.4 shall be divided between CITY and Customer in the same proportion as separately <br /> determined or as originally assessed. In any such event, CITY shall provide timely notice of such <br /> challenge to Customer. <br /> 16.5 CITY and Customer agree to cooperate fully in the preparation of any returns or <br /> reports relating to the Impositions. CITY and Customer further acknowledge and agree that the <br /> provisions of this Article are intended to allocate the Impositions on procedures and methods of <br /> computation that are in effect on the date of this Agreement. Material changes in such procedures <br /> and methods could significantly alter the fundamental economic assumptions of the parties <br /> underlying this Agreement. Accordingly, the parties agree that, if such procedures or methods of <br /> computation change materially, the parties will negotiate in good faith an amendment to this <br /> Article 16 to preserve, to the extent reasonably practicable, the economic intent and effect of this <br /> Article. <br /> ARTICLE 17 <br /> NOTICES <br /> Unless otherwise stated herein, all notices and other communications required or <br /> permitted under this Agreement shall be in writing and shall be given by United States first class <br /> mail, postage prepaid, registered or certified, return receipt requested, or by hand delivery <br /> (including by means of a professional messenger service or overnight mail)addressed as follows: <br /> If to Customer: <br /> For Administrative <br /> DoIT— Network Services. <br /> ATTN: Frank T. Walters, Jr. <br /> Network Architect <br /> 120 W Jefferson, Suite B <br /> Springfield, IL 62702 <br /> For Payment Notices: <br /> A&R Shared Services <br /> DoIT Accounts Receivable Section <br /> P.O. Box 7199 <br /> Springfield, IL 62791-7199 <br /> For Legal Notices: <br /> DoIT ICN <br /> Attn: General Counsel <br /> 13 <br />
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