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R2023-115 Resolution Authorizing Managed Support Agreement with Concentric Integration, LLC for South Water Treatment Plant SCADA System
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R2023-115 Resolution Authorizing Managed Support Agreement with Concentric Integration, LLC for South Water Treatment Plant SCADA System
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6/7/2023 8:49:52 AM
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Resolution/Ordinance
Res Ord Num
R2023-115
Res Ord Title
R2023-115 Resolution Authorizing Managed Support Agreement with Concentric Integration, LLC for South Water Treatment Plant SCADA System
Department
Public Works
Approved Date
6/5/2023
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d <br /> 11 <br /> CONCENTRIC <br /> INTEGRATION <br /> the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be <br /> consummated as originally contemplated to the greatest extent possible. <br /> 16.9 Governing Law;Submission to Jurisdiction.This Agreement is governed by and construed in accordance with <br /> the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule that would <br /> require or permit the application of the laws of anyjurisdiction other than those of the State of Illinois.Any legal suit, action <br /> or proceeding arising out of or related to this Agreement or its subject matter shall be instituted exclusively in the federal <br /> courts of the United States or the courts of the State of Illinois in each case located in or having jurisdiction over McHenry <br /> County, Illinois, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or <br /> proceeding.Service of process,summons, notice, or other document by mail to such party's address set forth herein shall <br /> be effective service of process for any suit,action, or other proceeding brought in any such court. <br /> 4:6.10 Waive.r A—f -1---mv Trial. EACH PARTY AGIO�OWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE <br /> UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH 5-31-IcH PARTY <br /> IRREVOCABLY AND UNGONDITIONALL-Y WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY iURY IN RESPECT OF ANY LEGAL ACTION <br /> ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. <br /> 16.11 Equitable Relief. Each party acknowledges and agrees that a breach or threatened breach by such party of <br /> any of its obligations under Sections 8,9,or 10, would cause the other party irreparable harm for which monetary damages <br /> would not be an adequate remedy and agrees that, in the event of such breach or threatened breach,the other party shall <br /> not be required to submit itself to the Dispute Resolution process set forth in Section 11.5 and will be entitled to equitable <br /> relief, including a restraining order,an injunction,specific performance,and any other relief that may be available from any <br /> court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are <br /> not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available <br /> at law, in equity, or otherwise. <br /> 16.12 Counterparts.This Agreement may be executed in counterparts, each of which is deemed an original, but all <br /> of which together are deemed to be one and the same agreement.A signed copy of the Agreement delivered by facsimile, <br /> e-mail, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed <br /> copy of this Agreement. <br /> Concentric Integration,LLC I Standard Terms and Conditions v10.1 <br /> Page 14 of 14 <br />
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