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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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the Illinois Freedom of Information Act, shall be considered public. Any request for documents <br /> related to this Agreement shall be provided to the other Party in sufficient time for an objection to <br /> disclosure of the requested documents to be made. No confidential data collected, maintained, <br /> or used in the course of performance of the Agreement shall be disseminated except as <br /> authorized by law, either during the period of the contract or thereafter. The Parties must return <br /> any and all confidential data collected, maintained, created or used in the course of the <br /> performance of the Agreement, in a non-proprietary format, promptly at the end of the Agreement, <br /> or earlier at the request of either Party, or notify the Party of its destruction, unless required to be <br /> retained by law. The foregoing obligations shall not apply to confidential data or information <br /> lawfully in the receiving Party's possession prior to its acquisition from the disclosing Party, <br /> received in good faith from a third-party not subject to any confidentiality obligation to the <br /> disclosing Party, now is or later becomes publicly know through no breach of confidentiality <br /> obligation by the receiving Party, or is independently developed by the receiving Party without the <br /> use or benefit of the disclosing Party's confidential information. <br /> ARTICLE 19 <br /> DEFAULT <br /> 19.1 The following events shall constitute (Events of Default), the occurrence of which <br /> shall constitute a material breach of this Agreement and entitle the non-defaulting party to seek <br /> the rights and remedies available to it under the terms of this Section 19, Default: <br /> (a) Failure by either party to observe or perform any other material obligation under <br /> this Agreement when such failure shall continue for a period of thirty (30) <br /> calendar days (or such longer period as may be agreed upon by the parties in <br /> writing; provided that the defaulting party commences to cure such failure <br /> within such thirty (30) calendar day period and thereafter diligently pursues <br /> such cure) after written notice. <br /> 19.2 Rights and Remedies of Customer. Upon the occurrence of an Event of Default <br /> by or with respect to the CITY, Customer shall be entitled to terminate this Agreement. <br /> 19.3 Rights and Remedies of the CITY. Upon the occurrence of an Event of Default by <br /> or with respect to Customer, the CITY shall have the right to: (i) terminate the Agreement; and/or <br /> (ii) recover actual amounts owed by Customer to the CITY that accrued on or prior to the date of <br /> termination. In addition to the foregoing, Customer shall be deemed to have abandoned the Dark <br /> Fiber, and to have conveyed, as allowed by law, to CITY all right, title and interest in and to the <br /> Dark Fiber. Customer shall provide to the CITY a bill of sale, or such other documents as may be <br /> reasonably necessary to evidence such abandonment and/or conveyance. <br /> 19.4 In the event the CITY shall have failed to deliver the Dark Fiber within ninety (90) <br /> days after the Anticipated Completion Date (as such date may be extended by Events of Force <br /> Majeure or under the terms of this Agreement), then Customer may terminate this Agreement <br /> with respect to such Segment and receive a refund of the Initial Payment allocable to such <br /> Segment. If Customer elects to so terminate, neither Party shall have any further duties or <br /> obligations to the other Party (except for the CITY'S obligation to so refund the allocable Initial <br /> Payment) under this Agreement with respect to such cancelled Segment. In the event the CITY <br /> 15 <br />
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