2008 048 Ordinance - Laserfiche WebLink

Home Browse Search

equally to the Parties with respect to OneCommunity's connections and access to the OneCommunity Fibers, the Additional Fibers, and to the System. 5.2 Neither the Village nor OneCommunity will have any limitations on the types of electronics or technologies employed to utilize its fibers, subject to safety procedures and so long as such electronics or technologies do not interfere with the use of or present a risk of damage to any portion of the other Party's fibers. Section 6. Maintenance, Repair, and Relocation. OneCommunity will be solely responsible for the maintenance, repair, and relocation of the OneCommunity Fibers and the Additional Fibers. Section 7. Assignments. Neither Party may assign or otherwise transfer this Agreement or its duties and obligations herein without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed; provided, however, OneCommunity will not be required to obtain the consent of the Village for any corporate reorganization, assignment or transfer of this Agreement or the rights herein granted to any affiliate, any purchaser of all or substantially all of the assets of OneCommunity, or any person with which or into which OneCommunity may rnerge or consolidate. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. Section 8. Warranties 8.1 Warranties Relating'to Agreement Validity. In addition to any other representations and warranties contained in this Agreement, each Party hereto represents and warrants to the other that: 8.1.1 it has the full right and authority to enter into, execute, deliver, and perform its obligations under this Agreement; 8.1.2 it has taken all requisite corporate action to approve the execution, delivery, and performance of this Agreement; 8.1.3 this Agreement constitutes a legal, valid and binding obligation enforceable against such Party in accordance with its terms; and 8.1.4 its execration of and performance under this Agreement will not (i) violate any applicable existing regulations, rules, statutes, or court orders of any local, state, or federal government agency, court, or body, or (ii) result in a breach of or default under any agreement with any third parties (including, as applicable, Facility Owners, Required Rights holders and Lenders), except to the extent that any such breach or default reasonably would not be expected to materially and adversely effect such Party's performance of its obligations under this Agreement. Section 9. Limitation of Liability 9.1 EXCLi1SION OF INDIRECT DAMAGES. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, NEITHER PARTY WILL BE 4