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R2007-95 AUTHORIZING AGREEMENT
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R2007-95 AUTHORIZING AGREEMENT
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10/30/2015 4:23:04 PM
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Resolution/Ordinance
Res Ord Num
R2007-95
Res Ord Title
AUTHORIZING AGREEMENT - COMMON INTEREST AND JOINT DEFENSE AGREEMENT - AT&T ILLINOIS
Approved Date
6/4/2007
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maintenance, alteration and extension of its communications network <br /> to support its provision of circuit-switched telecommunications services <br /> and Internet Protocol-based services is authorized by the Telephone <br /> Company Act, to the exclusion of local franchising authority, together <br /> with all facts, arguments and claims necessary to establish such <br /> defense. Municipality agrees it will assert no objection, inconsistent <br /> testimony or policy position, or conflict of interest in connection with <br /> these defenses; provided, however, that any assertion in Municipality's <br /> defense under this Section shall not constitute a waiver or judicial <br /> admission for purposes of any action of Municipality against AT&T <br /> Illinois. <br /> (6) Municipality agrees, in the event AT&T Illinois seeks intervention in any <br /> matter covered by this Agreement, that Municipality shall not object or <br /> otherwise take action adverse to AT&T Illinois's intervention. <br /> (7) In the event AT&T Illinois is joined as a party, or successfully <br /> intervenes, in any matter covered by this Agreement, Municipality <br /> agrees to share defense counsel, consultants and testifying experts, <br /> litigation support, and to otherwise comply with the terms of this <br /> Agreement in the conduct of a joint defense with AT&T Illinois. <br /> (8) Municipality agrees the representation or assistance of Municipality in � <br /> the defense of any matter covered by this Agreement by legal counsel <br /> or consultants and experts (including but not limited to employees of <br /> AT&T Illinois and its affiliates) selected by AT&T Illinois shall not be <br /> asserted as the basis to disqu�lify, exclude or object to AT&T Illinois's <br /> engagement and use of, or representation by, such legal counsel, <br /> consultant or expert in any future matter not covered by this <br /> Agreement, in which Municipality and AT&T Illinois may be adverse or <br /> have an interest. To the extent the fact that such legal counsel, law <br /> firm, consultant or expert has represented Municipality in matters <br /> covered by this Agreement may, in itself, represent a basis to assert a <br /> real or potential conflict of interest, or appearance of impropriety, <br /> Municipality agrees to waive such conflict of interest in future matters <br /> in which AT&T Illinois may engage such legal counsel. The legal and <br /> ethical rules governing atto�ney and law firm conflicts of interest, along <br /> with any other applicable professional or contractual bases governing <br /> non-attorneys, are otherwise reserved by the Parties, consistent with <br /> the terms of this Agreement. <br /> (B) If, after any matter covered by this Agreement, following exhaustion of all <br /> remedies, appeals or other administrative, regulatory and judicial process, a <br /> final order, judgment, or ruling is entered in favor of Cable Company, or in the <br /> event AT&T Illinois determines settlement of the matter is appropriate, AT&T <br /> Illinois agrees it will, at AT&T Illinois's sole discretion, either (i) cease offering <br /> 6 <br />
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