2008 048 Ordinance - Laserfiche WebLink

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"Released Party" means each of the following: (a) any Affiliates of the other Party (except when an Affiliate is the grantee or assignee of any rights or obligations granted under this Agreement) and any lenders, except to the extent such lender has assumed a Party's position under this Agreement by reason of default by such Party and/or foreclosure by a lender; (b) any employee, officer, director, stockholder, partner, member, or trustee of the other Party or of its Affiliates or lenders; or (c) assignees of the entities included in the above subparagraphs (a) or (b) and any employee, officer, director, stockholder, partner, member, or trustee of such assignees. "Required Rights" will have the definition set forth in Section 4.6. "Route" will mean the route, including spurs, upon which the System is or will be constructed and installed consisting of the Major Segments. "Routine Maintenance" means all routine maintenance of the System to be performed by OneCommunity as described in Exhibit 4. "Segment" means a discrete portion of the System or a portion of the System affected by relocation or other circumstance. "Specifications" means the specifications of the System set forth in Exhibit 5 attached hereto. Section 2. Grant of IRU. In consideration of the undertakings of the Parties hereto, the Parties will enter into the IRU Agreement attached hereto as Exhibit 2. Section 3. Compensation for Construction, Maintenance, and Service of the System. 3.1 The Village will compensate OneCommunity for all work necessary to construct the System (the "Work") as depicted in Exhibit 1, including engineering, permitting, construction, installation and acquisition of Required Rights for the System in an amount not to exceed the sum of three hundred twenty eight thousand dollars ($328,000.00) (the "Construction Charges"); provided, however, that the Construction Charges will be subject to increase by the change order process set forth in Section 3.2 below. The Construction Charges, as set forth in Exhibit 6 attached hereto, will be payable as follows: 3.1.1 An initial deposit of fifty percent (50%) of the Construction Charges must be paid to OneCommunity before OneCommunity will commence construction of the System. 3 As of 09/29/2009