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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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19.1.4 Assignment. Assignment or transfer of its interest in this <br /> Agreement, whether voluntarily or by operation of Law, in violation of the <br /> Provisions of this Agreement, <br /> 19.1.5 General Assignment. General assignment of its assets for the <br /> benefit of its creditors; <br /> 19.1.6 Abandonment Of LICENSEE's Property. Abandonment of <br /> LICENSEE's Property in violation of the terms of this Agreement or a failure <br /> to notify IRC of such abandonment; <br /> 19.1.7 False Representations Or Statements. Any representation, <br /> warranty, or statement made by LICENSEE in this Agreement that shall <br /> prove to have been incorrect in any material respect when made. <br /> 19.2 LICENSEE's Termination For Default. In the event of a default by IRC, LICENSEE <br /> shall give notice of default to IRC at least thirty (30) Days before any notice of termination <br /> shall become effective. This Agreement may be terminated by LICENSEE upon the <br /> occurrence of any of the following defaults by IRC: <br /> 19.2.2 Failure To Comply With Terms Of Agreement. Failure to observe, <br /> perform or comply with any material Provision hereof required to be <br /> observed, performed or complied with by IRC, and IRC fails to cure the <br /> same within thirty (30) Days, or, when the cure reasonably requires more <br /> than thirty (30) Days, the failure of IRC to commence to cure within such <br /> thirty (30) Days and thereafter diligently and continuously prosecute such <br /> cure to completion; <br /> 19.2.3 General Assignment. General assignment of its assets for the <br /> benefit of its creditors, or the filing by or against IRC a petition to have IRC <br /> adjudicated a bankrupt, or a petition for a reorganization or arrangement <br /> under any Law relating to bankruptcy or insolvency, unless the same is <br /> dismissed within one hundred eighty(180) Days after the same is instituted, <br /> unless IRC upon the written demand of LICENSEE indemnifies LICENSEE <br /> against loss or damage suffered by LICENSEE as a result of IRC's non- <br /> performance pursuant to such order or decree; <br /> 19.2.4 Court Enjoins Or Prohibits IRC From Performing. A Person other <br /> than LICENSEE obtains an order or decree in any court of competent <br /> jurisdiction enjoining or prohibiting IRC from performing under this <br /> Agreement, and such order or decree is not vacated within one hundred <br /> eighty (180) Days after the granting thereof, unless IRC upon the written <br /> demand of LICENSEE indemnifies LICENSEE against loss or damage <br /> suffered by LICENSEE as a result of IRC's non-performance pursuant to <br /> such order or decree; and <br /> 26 <br />
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