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Agmt SLPL Columbia Telecommunication 06272022
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Agmt SLPL Columbia Telecommunication 06272022
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7/14/2022 11:48:56 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
6/27/2022
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<br />Master Agreement Page 3 of 7 <br />(c) Notwithstanding the above, upon a sixty (60) day written notice prior to the second and each <br />following June 30 after a circuit is installed, Library may cancel a circuit without penalty if it <br />verifies to CTC and CENIC that funding to pay for that circuit is not available and Library <br />agrees that for at least 12 months after said notice it will not order or otherwise obtain a <br />replacement circuit or substantially similar services in place of the cancelled circuit. <br />(d) Library may terminate this Agreement with no penalty if non-recurring, one-time costs for all <br />circuits included in Appendix #1 and any subsequent Addenda are materially increased by <br />the telecommunications carrier from the amount shown in Appendix #1. <br />(e) CTC may terminate this Agreement or assign its rights and responsibilities under this <br />Agreement to a third party upon no less than sixty (60) day written notice to Library, in the <br />event of termination or expiration of its duties and obligations under the Project and with <br />written approval of the California State Library. <br /> <br />4. Payment <br />CTC bills quarterly in arrears. Payment for services shall be due within thirty (30) days of receipt of <br />a CTC invoice reflecting provision of the services for which the invoice is sent; or as otherwise <br />agreed to by Library and CTC. Except for non-recurring costs, if any, costs in Appendix #1 and any <br />subsequent Addenda shall only begin upon installation of circuit(s). Library will put forth <br />reasonable efforts to make payments within thirty (30) days after receipt of invoice. Library <br />understands and agrees that CTC will only make payment to CENIC for services upon receipt of <br />related payments from Library. If Library fails to make payments within thirty (30) days after <br />receipt of invoice, it agrees to pay any reasonable late payment fees incurred by CTC under its <br />agreement with CENIC. <br /> <br />Unless otherwise agreed to between the Parties, all circuit deployment fees, if any as set forth in <br />Appendix #1 and subsequent Addenda are non-cancelable and nonrefundable. Upon termination of <br />this Agreement, or any Services provided under this Agreement, any outstanding circuit <br />deployment fees, outstanding recurring charges, non-recurring fees, applicable circuit termination <br />charges, and applicable early termination penalties, shall become due and payable immediately <br />upon termination. <br /> <br /> <br />5. Miscellaneous <br /> <br />(a) CONDITIONS OF USE. Library agrees to conform to the CENIC Appropriate Use Policy <br />located at https://cenic.org/network/policies/acceptable-use-policy (revised September 13, <br />2004) and to any specific conditions of use imposed by network service providers or <br />subcontractors providing communications services to CENIC as may be in force at the time <br />such services are made available, including pursuant to an Addendum to this Agreement. If <br />CENIC, subcontractors, or network service provider conditions of use are modified, Library <br />will be notified and if Library believes it can no longer conform to their requirements, <br />Library shall have one hundred eighty (180) days from the notice of the modification to <br />terminate the affected Service(s) without penalty. Library must provide a 30-day written <br />notice of its termination under this provision to CTC and CENIC. If Library does not elect to <br />terminate the Service(s), Library must conform to the revised conditions of use. If Library <br />fails to conform to the revised conditions of use, the Services may be subject to termination <br />upon sixty (60) day notice to Library from CTC or CENIC.
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