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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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13.1.5 No Outstanding Claims Or Legal Action That Would Interfere With <br /> Performance Of Agreement. There are no unresolved claims or disputes <br /> between LICENSEE and IRC. There are no actions, suits or proceedings <br /> pending or, to the knowledge of LICENSEE, threatened against LICENSEE <br /> that, if adversely determined to LICENSEE, would materially and adversely <br /> affect the ability of LICENSEE to perform its obligations under this <br /> Agreement. <br /> 13.2 IRC's Representations. <br /> IRC represents and warrants: <br /> 13.2.1 IRC's Authority. It is a political subdivision of the State of Florida <br /> It has all requisite power and authority to own its property, real and personal, <br /> as and where it is now being conducted. <br /> 13.2.2 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 actions and proceedings. This <br /> Agreement is (and any other instrument, document or writing to be executed <br /> and delivered pursuant hereto will be) legal, valid and binding obligations of <br /> IRC, and enforceable against IRC in accordance with the Provisions hereof <br /> except as may be limited by applicable Laws. <br /> 13.2.3 Terms Of Agreement Consistent With IRC Charter And Code. <br /> The execution and delivery hereof and any other instruments, documents <br /> or writings contemplated hereby by IRC will not conflict with, or violate any <br /> Provision of, IRC's Charter or Code of Ordinances. <br /> ARTICLE 14 <br /> COMPLIANCE WITH LAWS <br /> 14.1 IRC Will Maintain Necessary Public Rights-Of-Way, Etc. IRC shall have and <br /> maintain in effect at all times, all necessary franchises, consents, Public Rights-of- <br /> Way, Public Easements, permits and authorizations applicable to this Agreement, <br /> if any, from federal, state, county, city and other regional or local authorities, to <br /> construct, maintain, operate, and use the Fiber Optic System. <br /> 14.2 LICENSEE Will Maintain Necessary Public Rights-Of-Way, Etc. LICENSEE shall <br /> have and maintain in effect at all times, all necessary franchises, consents, Public <br /> Rights-of-Way, Public Easements, permits and authorizations applicable to this <br /> Agreement, if any, from federal, state, county, city and other regional or local <br /> authorities. IRC expressly agrees that this Agreement constitutes the sole and <br /> complete agreement and requirement for use of the Licensed Fibers by LICENSEE <br /> 21 <br />
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