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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 />