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R2007-94 AUTHORIZING AGREEMENT
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R2007-94 AUTHORIZING AGREEMENT
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Last modified
10/30/2015 4:30:06 PM
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10/30/2015 4:30:02 PM
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Resolution/Ordinance
Res Ord Num
R2007-94
Res Ord Title
AUTHORIZING AGREEMENT - COMPETITIVE VIDEO SERVICE AGREEMENT - AT&T ILLINOIS
Approved Date
6/4/2007
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30. Counterpart Execution. This Agreement may be signed in one or more counterparts, <br /> each of which shall be deemed an original and all of which together shall constitute one and the <br /> same agreeinent. Signature pages may be transmitted by facsimile and any signature transmitted <br /> by facsimile will be given the same force and effect as an original signature. <br /> 31. Compliance with this A�reement. AT&T shall not be excused from complying with <br /> any of the terms, conditions, and provisions of this Agreement by any failure of the Municipality <br /> upon one or more occasions to insist upon or to seek compliance with any such terms, conditions <br /> or provisions. <br /> 32. Choice of Laws. This Agreement shall be construed and interpreted according to the <br /> laws of the State of Illinois (without applying the state's conflict of law principles). <br /> 33. Most Favored Nations Clause. <br /> 33.1 If AT&T enters into a Competitive Video Service Agreement with another <br /> municipality in the State of Illinois (other than the City of Chicago) and the fee percentage for <br /> the percentage fee payable under Section 3.1 of this Agreement is greater than the franchise fee <br /> percentage applicable to the incumbent cable service provider in such municipality, AT&T shall <br /> increase the percentage fee payable under Section 3.1 of this Agreement by the difference <br /> between the applicable fee percentage in AT&T's agreement with such municipality and the <br /> franchise fee percentage applicable to the incumbent cable service provider in such municipality. <br /> If AT&T enters into a Competitive Video Service Agreement with another municipality in the <br /> State of Illinois (other than the City of Chicago) and the fee percentage for the percentage fee <br /> payable under Section 4.2 of this Agreement is greater than one percent (1%), AT&T shall <br /> increase the percentage fee payable under Section 4.2 of this Agreement by the difference <br /> between the applicable fee percentage in AT&T's agreement with such municipality and one <br /> percent (1%). <br /> 33.2 If the Illinois General Assembly enacts video competition legislation ("Statewide <br /> Video Legislation"), the Municipality may elect to terminate this Agreement and be governed by <br /> such Statewide Video Legislation. The Municipality shall give written notice to AT&T of its <br /> election to terminate this Agreement within thirty (30) days of the effective date of such <br /> Statewide Video Legislation, in which case this Agreement shall terminate thirty (30) days after <br /> the date of such written notice or such date as the Parties mutually may agree. <br />
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