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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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19.2.5 State Terminates /RC's License, Etc. In the event that the State <br /> of Florida terminates any license or any other agreement to which IRC or <br /> State and IRC are Parties, it shall be a ground for termination for cause, if <br /> LICENSEE's use of substantially all Licensed Fibers is effectively <br /> terminated by the action of State of Florida. If LICENSEE shall prove to the <br /> reasonable satisfaction of IRC that LICENSEE has lost the use of <br /> substantially all Licensed Fibers, LICENSEE may terminate this Agreement. <br /> No liability shall accrue to IRC on account of the termination of any license <br /> or other agreement with the State which results in LICENSEE's loss of use <br /> of substantially all Licensed Fibers. <br /> 19.3 IRC's Additional Rights And Remedies. In addition to all other rights and remedies <br /> provided by Law or otherwise provided in this Agreement, to which IRC may resort <br /> cumulatively, or in the alternative, IRC may: <br /> 19.3.1 Keep Agreement In Effect. Except as otherwise provided herein, <br /> keep this Agreement in effect and enforce all of its rights and remedies <br /> hereunder, including the right to payment of all License Fees and Charges <br /> as they may become due, by appropriate legal action; <br /> 19.3.2 Seek Specific Performance. Seek the specific performance <br /> hereof by LICENSEE or other rights or remedies at Law or in equity; and <br /> 19.3.3 Terminate For Cause. Terminate for cause this Agreement by <br /> giving notice of termination. <br /> 19.3.4 Accelerate License Fee. IRC is entitled to the License Fee and <br /> any additional amounts that are due and unpaid, and those payments will <br /> become due immediately. <br /> 19.3.5 Liquidated Damages. If IRC is entitled to liquidated damages, <br /> LICENSEE shall pay such damages in installments on the Day License Fee <br /> is payable. The amount of liquidated damages will be computed as follows: <br /> (A) The deficiency between the License Fee paid and any net amount of the <br /> License Fees still to be collected under this Agreement or any Extension <br /> Term of this Agreement for each month of the remaining Initial Term or <br /> Extension Term, plus; (B) The expenses that IRC incurs in connection with <br /> LICENSEE's default, such as legal expenses, court costs, attorneys' fees, <br /> including those at trial and appellate levels. <br /> ARTICLE 20 <br /> RESTRICTIONS AGAINST TRANSFER <br /> Neither Party shall sell, assign, transfer, or otherwise alienate or dispose of this <br /> Agreement or the privileges hereby granted, without the prior written consent of the other <br /> 27 <br />
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