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2016-030
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2016-030
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Last modified
3/3/2016 11:50:41 AM
Creation date
3/3/2016 11:50:38 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/01/2016
Control Number
2016-030
Agenda Item Number
8.P.
Entity Name
City of Fellsmere
Subject
Term Sheet
Dark Fiber License Agreement
Fiber Optic cable
Area
Fellsmere City Hall Building and Welcome Center
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3.1 Commencement. This Agreement shall commence on the date on which this <br /> Agreement is approved by the IRC Board of County Commissioners, the date on which <br /> dark fibers are made available to LICENSEE. <br /> 3.2 Initial Term. This Agreement's Initial Term shall be five (5) years beginning on the <br /> Commencement Date, provided however the Initial Term may be terminated earlier in <br /> accordance with Sections 3.4, 3.5 and 3.6 and Article 19 below. <br /> 3.3 Extension Terms. This Agreement shall be automatically renewed for three (3) <br /> additional five (5) year terms, provided, however, any Extension Term may be terminated <br /> earlier in accordance with the Provisions set forth in this Article 3 and Article 19. <br /> 3.4 Termination By IRC For Convenience. This Agreement may be terminated for <br /> convenience by IRC, and termination hereof shall become effective ninety (90) days after <br /> the Day on which such notice of termination, in writing, is received via certified mail by <br /> LICENSEE, or on the expiration hereof, whichever date first occurs. In the event IRC <br /> terminates this Agreement for convenience, LICENSEE shall not be liable for the <br /> remainder of the License Fee for monthly installments due after the Early Termination <br /> Date (for convenience). If IRC terminates this Agreement for cause, LICENSEE shall be <br /> liable for the entire License Fee. <br /> 3.5 Termination By LICENSEE For Convenience. LICENSEE may terminate this <br /> Agreement without cause, upon providing IRC with ninety (90) Days' written notice and <br /> payment of the liquidated damages set forth below (if applicable). If LICENSEE <br /> terminates this Agreement without cause prior to the expiration of the fifth year of the <br /> Initial Term, LICENSEE shall pay to IRC, as liquidated damages, a lump sum payment <br /> equivalent to the sum of the License Fee installments which LICENSEE would have paid <br /> through the fifth year of the Initial Term, plus accrued interest on any past due installments <br /> minus License Fee installments already paid to IRC. <br /> 3.6 Termination For Cause. The Parties may terminate this Agreement for cause in <br /> accordance with the Provisions set forth in this Article 5 and Article 19. <br /> 3.7 Termination If IRC Classified As Telecommunications Company. By entering into <br /> this Agreement with LICENSEE, IRC does not intend to, and shall not, be classified as a <br /> telecommunications company, Telecommunications Carrier, telecommunications service <br /> or any other telecommunications entity, nor to come under the existing or future <br /> jurisdiction or regulation of any State or Federal regulatory agency as a <br /> telecommunications company, including, without limitation, the Federal Communications <br /> Commission (FCC) or the Florida Public Service Commission (FPSC). If, however, a <br /> proceeding is commended in which it is sought to classify IRC as a telecommunications <br /> company, LICENSEE and IRC shall cooperate with each other to determine whether and <br /> to what extent the Agreement can be amended to remove that classification. If the <br /> Agreement cannot be so amended or if there is no Agreement as to such amendment, <br /> then IRC may terminate this Agreement immediately upon agency or court order or <br /> approval of such termination, or at the Sole Discretion of IRC, after fifteen (15) Days' prior <br /> 8 <br />
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