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2005 054 Ordinance
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2005 054 Ordinance
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Last modified
11/19/2018 4:04:15 PM
Creation date
8/29/2018 7:02:57 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
054
Date
12/19/2005
Year
2005
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premise equipment or for unauthorized access to or alterations, theft, or destruction of Subscriber's <br />data files, programs, procedures, or information through accident, fraudulent means or devices, or <br />any other method. Subscriber understands that neither OneCleveland nor its service suppliers are <br />responsible for the content of the transmissions that may pass through the OneCleveland Network <br />connection, or related communication services. Neither OneCleveland nor its service suppliers <br />shall be liable for the accuracy or quality of information obtained or data transmitted through use <br />of the OneCleveland Network connection, or related communication services. <br />11.5. No action or proceeding against either OneCleveland or Subscriber may be commenced by the <br />other more than one (1) year after the Service(s) which is the basis for the action or proceeding is <br />rendered, and OneCleveland and Subscriber acknowledge that this limitation constitutes an express <br />waiver of any rights under any applicable statute of limitations which would otherwise afford <br />additional time for such a claim. <br />11.6. Other specific limitations of liability with respect to a Service are set out in the applicable <br />Addenda. <br />12. NO THIRD PARTY RIGHTS. <br />12.1. No person or entity not a party to this Agreement has or is intended to have any rights <br />under this Agreement. <br />13. FORCE MAJEURE. <br />13.1. Neither party is responsible for delays, interrupNons or other failures to perform under <br />this Agreement due to Force Majeure. Subscriber by reason of such cause shall not be <br />relieved of its obligation to make any required payments that are due to OneCleveland or <br />which may become due from Subscriber's continued use of Services. <br />14. COMPLIANCE WITH APPLICABLE LAW AND OTHER OBLIGATIONS. <br />14.1. Subscriber shall comply with all laws and regulations applicable to its use of the <br />OneCleveland connection, or related communication services, including, without limitation, <br />U.S. export laws concerning the transmission of technical data and other regulated materials <br />by means of the Internet connection, or related communication services. <br />15. INSURANCE. <br />15.1. OneCleveland will obtain and thereafter maintain the following minimum amounts of insurance <br />written by one or more responsible, well-rated insurance companies licensed to do business in <br />Ohio. <br />15.2. General Liability Insurance. <br />15.3. Bodily Injury and Property Damage <br />0 $1,000,000 each occurrence Bodily Injury and Property Damage <br />0 $2,000,000 general aggregate other than products and completed operations <br />• $2,000,000 aggregate products and completed operations <br />0 $1,000,000 each occurrence Personal Injury and Advertising Injury <br />• $100,000 each occurrence fire liability <br />SSA20051021 Page 9 of 14
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