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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
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North Olmsted Legislation
Legislation Number
2003-089
Legislation Date
6/17/2003
Year
2003
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26.0 PUCO Aqproval and Jurisdiction. Customer recognizes that the Agreement may be <br />subject to review and approval by the PUCO. If in the opinion of SBC such approval is required, then <br />SBC will submit the Agreement to the PUCO after it has been executed by both parties. If the PUCO <br />requires changes in the Agreement as a condition of approval, then the parties will meet, negotiate <br />and, if agreement is reached, make the required changes by written amendment. If either of the <br />parties determines that such changes are not consistent with its interests, it may terminate the <br />Agreement. If the PUCO does not approve the Agreement (as submitted or amended as required by <br />the PUCO), then the Agreement automatically terminates. In either event, neither party will be subject <br />to any Termination Charges as defined in paragraph 24, or to any other liability. SBC assumes full <br />responsibility for determining whether the Agreement must be submitted to the PUCO. <br />Approval of this Agreement by the PUCO does not constitute a determination that the terms and <br />provisions for termination, or any resulting termination liability, of the Agreement should be upheld in a <br />court of law. PUCO approval of the termination liability language is not intended to indicate that the <br />PUCO has approved any terms or provisions contained therein. Signatories of this Agreement are free <br />to pursue whatever legal remedies they may have, should a dispute of this nature arise. <br />27.0 Severabilitv. The illegality or invalidity of any provision of the Agreement will not <br />affect the legality or enforceability of the remaining provisions unless such holding materially adversely <br />affects the Agreement or the Services for one or both of the parties. In the event a provision of the <br />Agreement is found illegal or invalid, and such finding does not materially adversely affect the <br />Agreement or the Services, the Agreement shall then be construed as if such unenforceable or <br />unlawful provision, or portion of a provision, had not been contained therein to the extent of the <br />inconsistency and the Agreement is fully consistent with all applicable laws, rules, regulations and <br />Tariffs. <br />28.0 Optional Features. Customer shall have the option, at any time during the Agreement, <br />of adding or removing any feature listed in the Ameritech Centrex Service Catalog or tariffs. Customer <br />shall thereafter pay to SBC the then current service establishment and feature charges in accordance <br />with SBC's Tariff or Catalog. The billing for such charges shall begin in the month next following that in <br />which the feature is installed. <br />29.0 Amendments and Waivers. The Agreement or any part thereof or any Attachments <br />hereto or documents referred to herein may be modified or additional provisions may be added by <br />written agreement signed by or on behalf of both parties. No amendment or waiver of any provision of <br />the Agreement and no consent to any default under the Agreement shall be effective unless the same <br />shall be in writing and signed by or on behalf of the party against whom such amendment, waiver or <br />consent is claimed. In addition, no course of dealing or failure of any party to strictly enforce any term, <br />right or condition of the Agreement shall be construed as a waiver of such term, right or condition. <br />30.0 Section Headinqs. All section headings contained herein are for convenience of <br />reference only and are not intended to define or limit the scope of any provision of the Agreement. <br />31.0 Multiple Oriqinals. Multiple originals of the Agreement may be executed; each is <br />deemed an original, but all constitute the same document. <br />32.0 Entire Aqreement. The Agreement, as from time-to-time amended, with all <br />attachments, after final acceptance by SBC and any required approval by the PUCO together <br />constitute the entire and exclusive agreement between the parties concerning the Services, which <br />supersedes all prior proposals or agreements, oral or written, and all other communications between <br />the parties. Neither party shall rely upon any prior oral or written statements or representations. <br />This Agreement shall supersede any conflicting or inconsistent terms that may be contained in a <br />purchase order or other document used by Customer to procure the Services described in this <br />City of North Olmsted Centrex 03-0H-70816 6 (dsb) 05/28/03 <br />
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