2008 048 Ordinance - Laserfiche WebLink

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3.1.2 The remaining fifty percent (50%) of the Construction Charges (including any increases resulting from change orders as described in Section 3.2 below) will be due the first day of the thirteenth month after the Acceptance Date (the "Due Date"). 3.1.3 If the Village fails to make full payment of any undisputed sum due hereunder by the Due Date, then such unpaid amount will bear interest at the rate of 1.5% per. month or the highest lawful rate from the Due Date to the date of payment. 3.2 Additional Major Segments/Change Orders. 3.2.1 The Village will have the option, but not the obligation, to request additional fiber Segments that connect; to or incorporate fibers from the System. The Village will submit a request for such additional Major Segments, or for any other changes to the Work, in writing to OneCommunity. OneCommunity will develop an engineering estimate and will notify the Village in writing of the additional work required and the additional associated expenses within ninety (90) days of the: Village's request. At that time, the Village will, within thirty (30) days after receipt of such estimate from OneCommunity, have the option to approve the work and pricing adjustments. 3.2.2 Further, if the Village seeks to make any changes to the Work, upon recommendation of OneCommunity or otherwise, the Village will so notify OneCommunity in writing and OneCommunity will, within fifteen (15) days of receipt of such notice, identify the additional work required (a "Change Order") and the adjusted Construction Charges if such additional work wouldl result in an increase in the Construction Charges of more than five percent (5%). Within thirty (30) days after receipt of the Change Order from OneCommunity, the Village will instruct OneCommunity in writing whether to proceed with the change(s) indicated in the Change: Order. If the Village fails to reject or approve the adjusted Construction Charges in writing within said thirty-day period, the adjustment will be deemed approved by the Village, authorizing OneCommunity to proceed with the Work. Except as required by this Section, the Village's approval will not be required for increases in the Construction Charges. 3.3 Ownership, Use, and Operation of the System. 3.3.1 Upon payment in full of the Construction Charges, the Village shall own the System. 3.3.2 The Village may choose to allow interested third parties to use segments of the System or may transfer rights in the System to third parties (both such users and transferees to be referred to as "Customers"), the terms and conditions of which shall be set forth in separate agreements among the Village, OneCommunity, and such Customers. Any lateral builds, additions, subtractions, installations, or other modifications to the System by the Village or a Customer will be performed exclusively by OneCommunity, with the associated Costs billed to the Customer by OneCommunity pursuant to separate agreement. 3.3.3 OneCommunity will be exclusively and solely responsible for the operation and management of the System with respect to the services provided to the Village and/or to Customers. OneCommunity will be the exclusive provider of the services necessary to deliver connectivity to the Village, Customers, and any other third parties. The provision of such 4 As of 01/29/2009