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Agenda 04-26-22; 6-a - Approval of a Network Development Agreement for Broadband Deployment
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Agenda 04-26-22; 6-a - Approval of a Network Development Agreement for Broadband Deployment
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4/26/2022
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6-a
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Agenda for April 26, 2022 Business Meeting
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18 <br /> b. Remedies. Upon the occurrence of a Default, the non-breaching Party shall have the right to <br /> terminate this Agreement(and any associated Subaward, as applicable) and to pursue any and <br /> all available legal or equitable remedies against the defaulting Party. The non-breaching Parry <br /> may pursue such remedies simultaneously or consecutively, at its discretion. <br /> c. County may demand repayment for, and Provider shall pay to County,ABPA Award funds not <br /> used for the purposes provided in this Agreement. County may demand repayment for and <br /> Provider shall pay to County ARPA Awards funds if the network does not meet the ARPA <br /> Award rules. County may pursue other remedies as may be available at law or in equity. <br /> 20. ASSIGNMENT. <br /> Unless otherwise provided in this Agreement above, Provider shall not sell, transfer, assign, or otherwise <br /> convey ("Assignment")the Network or its rights or obligations under this Agreement without the prior <br /> written approval of the County,which approval shall not be unreasonably withheld,conditioned or delayed. <br /> Provider shall provide written notice of a proposed Assignment no less than ninety (90) days' prior to its <br /> execution. Any purported Assignment by Provider that does not meet the requirements of this Section shall <br /> be null and void, and shall be deemed an Event of Default. In all cases, Provider shall require the assignee <br /> to expressly agree, in a writing satisfactory to County, to be bound by each of the applicable terms and <br /> conditions of this Agreement. Provider shall not be relieved of any of its obligations under this Agreement <br /> until the County has been provided a copy of the writing in which the assignee agrees to be bound by the <br /> terms of this agreement. <br /> 21. MISCELLANEOUS <br /> a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties <br /> and Obligations imposed by state, federal or local law, rules, regulations and ordinances. <br /> b. No act or failure to act by the County or Provider shall constitute a waiver of any right or duty <br /> funded them under the Contract Documents, nor shall any act or failure to act constitute any <br /> approval except as specifically agreed in writing. <br /> c. The Work shall be tested and inspected as required by the Contract Documents and as required <br /> by law. Unless prohibited by law the costs of all such tests and inspections related to state and <br /> federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building <br /> Codes shall be borne by the Provider. The costs for material and structural testing shall be <br /> conducted by an independent third party at the expense of the County. Delays related to any of <br /> the aforementioned tests and inspections shall not be grounds for delaying the completion of the <br /> work. If any such tests and inspections reveal deficiencies in the Work such that the Work does <br /> not comply with terms or requirements of the Contract Documents and/or the requirements of <br /> any code or law the Provider is solely responsible for the cost of bringing such deficiencies into <br /> compliance with the terms of the Contract Documents and/or any code or law. <br /> d. Should the County reject any portion of the Work for failing to comply with the Contract <br /> Documents, Provider shall immediately, at Provider's expense, correct the Work. Any such <br /> rejection may be made before or within one year after substantial completion. <br /> e. Installation Fee: Provider is encouraged not to charge an installation fee,but at no time will the <br /> 13 <br />
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