R2007-95 AUTHORIZING AGREEMENT - Laserfiche WebLink

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Illinois will use in Municipality to provide IP-enabled services are subject to Title VI or are subject to Section 11-42-11, have entered into the Competitive Video Service Agreement which the Parties, in good faith, believe is in compliance with such obligations as would be imposed by Title VI and Section 11-42-11, if such are applicable; and Whereas, the Parties acknowledge that Municipality is a party to a Cable System Franchise Agreement ("Cable Franchise Agreement") with ("Cable Company"), which Cable Franchise Agreement grants Cable Company a franchise license to operate as a cable services provider within Municipality's limits and according to which Municipality is subject to certain obligations and has certain rights; and Whereas, the Parties are aware of statements and communications by, and on behalf of, the Cable Company by which the Cable Company takes the position that AT&T Illinois's IP-enabled video services are, or should be, subject to local franchise authority pursuant to Title VI, Section 11-42-11, and the Municipal Code provisions or ordinances of Municipality applicable to cable operators, cable systems and cable television service and programming; and Whereas, the Parties are further aware of statements and communications by, and on behalf of, Cable Company directly and indirectly indicating Cable Cornpany will seek to adjudicate its alleged rights, interests and remedies pursuant to its Cable Franchise Agreement with Municipality pursuant to federal, state and local law, and thus the Parties are of the reasonably informed and good faith opinion that Cable Company will take action adverse to the Parties and, in particular, Municipality by asserting claims ', against them in state and federal adjudicatory tribunals; and ', Whereas, the Parties reasonably believe litigation arising from their execution of the Competitive Video Service Agreement and Cable Company's assertion of claims arising from its Cable Franchise Agreement is imminent; Now therefore, the Parties agree as follows: I. Common Interest and Exchange of Information The Parties have made this Agreement based on the informed belief that the law permits those against whom claims have been asserted and their counsel to share and exchange information ("Information") that would be necessary or useful in a common effort to defend and resolve litigation or a proceeding in which they are or may become parties and to enhance the ability of their respective counsel to represent them in such litigation or proceeding, without thereby waiving any privilege or clairn of confidentiality with respect to such Information. The Parties have a common interest in seeking the prompt availability of new, IP- enabled services, including video services and programming, as AT&T Illinois intends to provide to Municipality residents and as Municipality seeks to secure in order to foster new telecommunications services and increased competition. In 2