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2003-089 Resolution
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2003-089 Resolution
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1/10/2014 3:23:19 PM
Creation date
12/26/2013 7:46:29 AM
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North Olmsted Legislation
Legislation Number
2003-089
Legislation Date
6/17/2003
Year
2003
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hereunder, the time for curing such default shall be extended by the time reasonably <br />necessary to complete such curing, if the defaulting party prosecutes the same with due <br />diligence. <br />Upon the failure by the defaulting party to timely cure any default after notice, the non-defaulting party <br />may immediately declare this Agreement for the Services (or, in the case of a default not relating to all <br />services provided hereunder, that portion of the Agreement directly affected by such default) <br />terminated for cause without further notice and/or pursue its other remedies as specified in SBC's <br />tariffs and in the Agreement. Termination or cancellation of the Agreement by SBC for cause shall <br />give rise to termination or cancellation charges specified in Section 25.0. Termination or cancellation <br />of the Agreement, or any portion thereof, does not affect any other services provided to Customer by <br />SBC. <br />24.0 Termination for Non-Pavment or Late Pavment. Notwithstanding anything to the <br />contrary in this Agreement, this Agreement may be terminated by SBC on ten (10) days notice to the <br />Customer for non-payment or late payment (payment 30 or more days after the payment due date on <br />the bill statement) of any sums due SBC for Services; either party may terminate Agreement without <br />liability when continued performance would viofate either state or federal law or regulation. If during <br />the ten (10) day notice period Customer cures the non-payment or late payment or other cause for <br />termination, then SBC shall not terminate this Agreement. <br />25.0 Cancellation and Termination Liabilitv. Charges associated with cancellation and/or <br />termination of the Agreement by Customer for reasons not excused under the Agreement prior to <br />expiration of its term shall be governed by the following: <br />25.1 Cancellation. If a Customer cancels the Agreement prior to the Cutover, then <br />Customer will pay to SBC an amount equal to the sum of all costs incurred by SBC in connection with <br />purchasing, installing, engineering and designing facilities and equipment and any other work <br />performed in anticipation of its fulfilling its duties under the Agreement. In no event will this amount <br />exceed the sum of all the non-recurring and termination charges which would apply if the Services had <br />been provided. <br />25.2 Termination Liability. If Customer terminates this Agreement subsequent to <br />Cutover, Customer agrees to pay SBC the termination charges as set forth below: <br />a. Customer will continue to pay to SBC each month an amount equal to <br />the product of the applicable monthly line rate multiplied by an amount equal to the <br />System Minimum as set forth in section 7.1 above for the remainder of the term of <br />the Agreement; or <br />b. Customer will pay a termination charge calculated using the following formula: <br />(SYSTEM MINIMUM X MONTHLY RATE X NUMBER OF MONTHS <br />AMOUNT AS SET FORTH IN REMAINING IN THE <br />SECTION 7.1 ABOVE) (Includes Network TERM OF THE <br />Access as specified AGREEMENT <br />in Attachment 5 and <br />Voice Line) <br />If Customer fails to elect, then Customer will be deemed to have elected Section 25.2,a, above. <br />The termination charges set forth in Section 25.2 apply to changes in the number of lines in service. <br />They do not apply to reductions in the number of features applied to those lines in service. <br /> City of North Olmsted Centrex 03-OH-70816 5 (dsb) 05/28/03 <br /> _c ...........
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