R2016-132 Intergovernmental Master Service Agreement with Illinois Department of Innovation and Technology Dedicated Internet and Colocation Services

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Intergovernmental Master Service Agreement This Intergovernmental Master Service Agreement ("MSA"), pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., is made effective as of NnvPmh 7 2016 ("Effective date") by and between the Illinois Department of Innovation and Technology, an Illinois State Agency with an address of 120 West Jefferson Street, Springfield, IL 62704 ("DoIT") and the_City of Decatur, a Municipal Corporation, with an address of 1 Gary K. Anderson Plaza, Decatur, IL 62523. ("Customer"). Each may be referred to herein as a "Party"and collectively as the "Parties". ARTICLE 1 -GENERAL 1.1 Agreement Structure. The purpose of this MSA is to provide general terms, conditions and a framework within which Customer may from time to time purchase certain transport, dedicated internet access and colocation services ("Services")from DoIT for its use and/or for resale to its customers ("End User Customers"). This MSA and Service Orders (as defined in Section 1.2 below) and any other attachments incorporated therein shall collectively be referred to as the "Agreement." 1.2 Orders for Services. Customer may request DoIT to provide a Service by submitting a service order in a form provided by DoIT from time to time ("Service Order") in accordance with the procedures set forth in this Agreement. Customer acknowledges and agrees that Customer is solely responsible for the accuracy of all Service Orders and other information that it provides to DoIT. Each accepted Service Order shall incorporate by reference, and shall be subject to, the terms and conditions of this Agreement. Service Orders shall clearly set forth the term, pricing, service type and location(s), monthly recurring charge ("MRC"), non-recurring charge ("NRC"), and any additional specific terms for the Services. All Service Orders shall be subject to acceptance by DoIT. 1.3 Order of Precedence. In the event of an express conflict between a term(s) of this MSA and/or Service Order, precedence will be given in the following order: (a) the Service Order but solely with respect to the Service covered by that Service Order and provided that an authorized representative of DoIT has executed such Service Order; and (b)this MSA. 1.4 Acceptable Use Policy. Customer agrees to be bound by DoIT's Acceptable Use Policy which may be found at www.illinois.net. ARTICLE 2 -TERM 2.1 MSA Term. This MSA shall be in effect for a period of five (5) years from the Effective Date ("Initial Term") unless terminated earlier as otherwise provided for in this MSA, and shall automatically renew for one (1) year periods thereafter(each a "Renewal Term" and together with the Initial Term, shall be referred to as the "Term") until either Party notifies the other Party of its intent not to renew the MSA at least sixty (60) days prior to the end of the Initial Term or any Renewal Term. Notwithstanding the foregoing, in the event that any Service Order remains in effect following such termination, this MSA shall govern and continue in effect with regard to such Service Order until the termination of such Service Order. 2.2 Service Order Term. The term of each Service Order shall commence on the Service Activation Date for such Service and continue for the period of time specified in that Service Order ("Service Term"), unless terminated earlier as otherwise provided for in this Agreement. Thereafter, unless otherwise stated in the Service Order, the term of each such Service Order shall automatically renew for 1