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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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18.5 Certificates Of Insurance. Certificates of insurance evidencing the insurance <br /> coverage specified in the previous paragraphs shall be filed with IRC before operations <br /> are begun. The required certificates of insurance not only shall name the types of policies <br /> provided, but also shall refer specifically to this contract and section and the above <br /> paragraphs in accordance with which insurance is being furnished, and shall state that <br /> such insurance is as required by such paragraphs of this contract. If the initial insurance <br /> expires prior to the completion of the work, renewal certificates of insurance and required <br /> copies of policies shall be furnished thirty (30) Days prior to the date of their expiration. <br /> 18.6 LICENSEE's Insurance Requirements Subiect To IRC's Annual Review. <br /> LICENSEE's insurance requirements, as set forth in this Article 18, shall be subject to the <br /> review, annually, by IRC's risk manager. If IRC's risk manager requires any change in <br /> coverage, notice thereof shall be given to LICENSEE, in writing, and LICENSEE shall <br /> comply with such notice within thirty (30) Days of receipt thereof. <br /> ARTICLE 19 <br /> DEFAULT AND REMEDIES FOR DEFAULT <br /> 19.1 IRC May Terminate If LICENSEE Defaults. IRC may terminate this Agreement <br /> upon the occurrence of a material breach of its Provisions and a default by LICENSEE <br /> under this Agreement, and LICENSEE fails to cure the same within the time periods set <br /> forth within this Agreement, or if no time period is set forth, within thirty (30) Days after <br /> receipt of notice thereof from IRC, or, when the cure reasonably requires more than thirty <br /> (30) Days, the failure of LICENSEE to commence to cure within thirty (30) Days of receipt <br /> of notice thereof from IRC and thereafter diligently and continuously prosecute such cure <br /> to completion, including, but not limited to, any of the following: <br /> 19.1.1 Failure To Pay License Fee. Failure to pay any License Fee, or <br /> Charge, when due (as set forth in Section 5.3 ), regardless of whether <br /> LICENSEE in good faith disputes all or any portion of such License Fee, or <br /> Charge, and the failure continues for a period of thirty (30) Days from the <br /> License Fee's or Charge's due date; <br /> 19.1.2 Failure To Pay Tax. Failure to pay any Tax, when due, or the <br /> failure-to perform any other obligation requiring the payment of money under <br /> the Provisions hereof, and the failure continues for a period of thirty (30) <br /> Days, regardless of whether LICENSEE in good faith disputes all or any <br /> portion of such Tax, in which case LICENSEE shall pay only the undisputed <br /> portion, if any, until such dispute is resolved; <br /> 19.1.3 Failure To Comply With Terms Of Agreement. Failure to observe, <br /> perform or comply with any material Provision of this Agreement required <br /> to be"observed, performed or complied with by LICENSEE, <br /> 25 <br />
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