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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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shall have failed to deliver the Dark Fiber in any Segment within twelve (12) months after the <br /> Effective Date, then this Agreement shall automatically terminate with respect to such Segment <br /> and CITY shall refund to Customer the IRU Fee with respect to such Segment, and the CITY shall <br /> have no further duties or obligations hereunder with respect to such Segment. <br /> ARTICLE 20 <br /> TERMINATION <br /> Upon termination of this Agreement, the IRU shall immediately terminate and all rights of <br /> Customer hereunder to use the Fiber System shall cease, all rights hereunder to the use of the <br /> Fiber System shall revert to the CITY, and the CITY shall owe Customer no further duties, <br /> obligations, or consideration. Customer shall, within thirty (30) days of such termination, remove <br /> from any CITY facilities, all Customer property, equipment, and materials used in connection with <br /> the Dark Fiber. Customer shall accomplish such removal at Customer's sole expense, under <br /> CITY'S supervision and in a manner that does not damage the Fiber System. Termination of this <br /> Agreement shall not affect the rights or obligations of either Party that have arisen before the date <br /> of termination or expiration. <br /> ARTICLE 21 <br /> ASSIGNMENT AND TRANSFER RESTRICTIONS <br /> 21.1 Subject to Section 21.2 below, Customer may not transfer or assign alâ–º or any part <br /> of its interest under this Agreement, or delegate any duties, burdens, or obligations arising <br /> hereunder, without the CITY'S consent, which shall not be unreasonably withheld, delayed or <br /> conditioned. A transfer or assignment in violation of this Article 21 shall constitute a material <br /> breach of this Agreement. <br /> 21.2 Notwithstanding the arrangements permitted under this Article 21, Customer <br /> acknowledges and agrees that Customer shall not sell, lease, IRU or otherwise transfer any <br /> interest in the Dark Fibers to a third party. <br /> ARTICLE 22 <br /> REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGMENTS <br /> 22.1 By execution of this Agreement, each Party confirms to the other: <br /> (a) That the representing Party has full right and authority to enter into and <br /> perform this Agreement in accordance with the terms hereof and thereof, and that by entering into <br /> or performing this Agreement, the representing Party is not in violation of its charter or bylaws, or <br /> any law, regulation or agreement by which it is bound or to which it is subject; <br /> (b) That the execution, delivery, and performance of this Agreement by such <br /> Party has been duly authorized by all requisite corporate action,that the signatories for such Party <br /> 16 <br />
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