2013-030 - Laserfiche WebLink

Home Browse Search

_Communications International_ _4450 US Highway 1 _Vero Beach, FL 32967 Attn : Attn . Steve Fisher Email : Email :_sfisher@ ask4cii. com Phone : Phone 772-978-4105 A Party may change its notice address hereunder by providing thirty (30) days advance notice to the other in accordance with this Section. 17 . Publicity. Any claim by either Party for the protection of certain documents or information relating to the subject of this Agreement from disclosure and the associated actions of the Party receiving the claim shall conform to the Florida Public Records Act, Fla. Stat. § 119 .01 through § 119 . 15 . Subject to the foregoing, no information relative to this Agreement or the execution thereof shall be released by either Party for publication, advertising or for any other purpose without the prior written approval of the other Party. 18 . Confidentiality. Except as otherwise provided in this Section, the Parties agree that all Confidential. Information shall be kept in confidence and shall not, without the prior written consent of the disclosing Party, be disclosed by the receiving Party in any manner whatsoever, in whole or in part, and that the receiving Party shall use the Confidential Information disclosed to the receiving Party solely for the purposes of this Agreement unless otherwise specifically authorized in writing by the disclosing Party, or specifically required by an order of a regulatory agency or court of competent jurisdiction, in which case the receiving Party shall first notify the disclosing Party in writing of the order and permit the disclosing Party to seek an appropriate protective order. Neither Party shall disclose the terms and conditions of this Agreement, except that AT&T MOBILITY may disclose the relevant terms and conditions to other AWS Licensees for cost sharing purposes . Notwithstanding the foregoing, a receiving Party may disclose Confidential Information to its employees, attorneys, agents, parent corporation, partnership or member organization and its and their employees, agents and representatives , provided such disclosure is made only to those persons with a legitimate need to know such Confidential Information for purposes consistent with this Agreement. 19. Incumbent Control . Until the Decommissioning Date, nothing in the Agreement is intended or shall be construed to grant control of the Microwave Operations to AT&T MOBILITY or to otherwise prevent Incumbent from exercising its duties and obligations as an FCC licensee . 20. Future Claims by "Incumbent. Incumbent acknowledges that the Decommissioning of the Licensed Frequencies has been fully and fairly negotiated in good faith by Incumbent and AT&T MOBILITY, and agrees not to commence any proceeding, claim, suit, request or other legal or equitable challenge before any governmental , agency, including the FCC, or court to (i) reclaim or seek to use the frequencies listed on Exhibit A, (ii) avoid or negate this Agreement or (iii) seek additional consideration, facilities, or frequencies from or seek to share the frequencies listed on Exhibit A with AT&T MOBILITY or other AWS Licensees , 21 . Specific Performance. Incumbent acknowledges that the performance of its obligations under this Agreement is special , unique and extraordinary in character, and that in the event of a breach by Incumbent, AT&T MOBILITY shall be entitled, in addition to any other remedies to which it 10