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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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including the Licensed Fibers, when such failure or delay arises in connection with or is <br /> caused by an event of Force Majeure, or when such failure does not arise in connection <br /> with or is caused by an event of Force Majeure and continues for a continuous period of <br /> not more than five (5) Days. A failure of IRC as contemplated in the preceding sentence <br /> shall not be deemed or construed to relieve LICENSEE of its responsibilities under this <br /> Agreement. <br /> ARTICLE 13 <br /> AUTHORITY TO ENTER INTO AGREEMENT <br /> 13.1 LICENSEE's Representations. <br /> LICENSEE represents and warrants: <br /> 13.1.1 Corporate Authority. It is a political sub-division of the state of <br /> Florida, County of Indian River. It has all requisite corporate power and <br /> authority to own its property, real and personal, and operate as and where <br /> it is now being conducted. <br /> 13.1.2 Authority To Enter Into This Agreement. It has the power and <br /> authority to enter into this Agreement and perform its obligations set forth in <br /> this Agreement. The execution, delivery and performance hereof have <br /> been duly authorized by all necessary corporate actions and proceedings. <br /> This Agreement is (and any other instrument, document or writing to be <br /> executed and delivered pursuant hereto will be) legal, valid and binding <br /> obligations of LICENSEE, and enforceable against LICENSEE in <br /> accordance with the Provisions hereof except as may be limited by <br /> applicable Laws. <br /> 13.1.3 Terms Of This Agreement Will Not Conflict With Articles Of <br /> Incorporation, Bylaws, Etc. The execution and delivery hereof and any <br /> other instrument, document or writing contemplated hereby by LICENSEE <br /> will not conflict with or violate or constitute a breach or default under the <br /> Articles of Incorporation or Bylaws of LICENSEE or the provision of any <br /> mortgage, trust, indenture, bond, lien, pledge, release, agreement, guaranty <br /> or instrument to which LICENSEE is subject. <br /> 13.1.4 LICENSEE Shall Furnish True and Correct Documents And <br /> Statements. All information, financial statements, records, reports, <br /> resolutions, certifications and other documents or writings which will be <br /> submitted by LICENSEE pursuant to the Provisions hereof will be true and <br /> correct at the time such information, financial statements, records, reports, <br /> resolutions, certifications and other documents or writings are submitted or <br /> made available to IRC. <br /> 20 <br />
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