Ordinance No. 20168 - Laserfiche WebLink

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waived by this Agreement. In such an event wILLIAMS will be entitled to recover and take ownership of the f ber and access points provided by wILLIAMS to the City. RENE~~TIATIUN CLAUSE G. The parties acknowledge that time is of the essence in completion of the construction of wILLIAMS f ber. To meet its other requirements, wILLIAMS must have the BPA route installed and lit by September 1,1999, and the wagon Road route installed and lit by October 15,1999. To meet this schedule, wILLIAMS anticipates that it must be cleared to start construction and installation by July 1,1999, for the BPA raute. The City understands the importance of speed and undertakes to share a portion of the risk. If the mutual efforts of the Consortium members and wILLIAMS are not successful in resolving by July 1, I999, all outstanding permit issues identified in discussions between the Consortium and wILL1AMS on or before June 10,1999, for any permits that are an extension of or are triggered by those permit issues discussed on or before June I O, I999~ the City accepts that there will have been a diminution in the value of the services provided by the Consortium, which would justify a reduction in the value or quantity of goods or services provided by wILLIAMS in fulfillment of its obligations under this Agreement. The determination of whether a reduction in wILLIAMS obligations will be negotiated in the event that such becomes necessary will be determined in the sole discretion of wILLIAMS operating in good faith}. if such renegotiations become necessary the parties will negotiate in gvodfaith,-considering the nature of the events causing delay, the efforts expended by the Consortium, the resulting damage to wILLIAMS due to the delay, and the nature and extent of the delay. Except in the event that there is a grossly negligent or willful action to prevent the achievement of the purposes of this Agreement, the actions in furtherance of the goals of this Agreement, and any failure to achieve the purposes of this Agreement shall not be considered a cause of any damages to wILLIAMS due to a delay in the completion of the construction. flawever, the preceding sentence shall not apply to any diminution in value of the goods or services provided to the CitylConsortium by Williams as provided in this paragraph. Any determination of diminution of value, as described in this Agreement, shall be made, and notice thereof shall be provided to the Consortium on or before December 31,1999. This Agreement concerning renegotiation does not cover or include any delay in Lane County construction resulting from a need to complete requirements for Lane County land use approval relating to construction in the right-of-ways, so long as the Consortium continues to use best efforts to ensure rapid consideration of such issues. This exception is made because the need for such a procedure was not known to the parties at the time of the initial decision regarding renegotiation. July 9,1999 Page 9