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25B - AGMT - INTERNET SRVS
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12/01/2015
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25B - AGMT - INTERNET SRVS
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Last modified
11/25/2015 3:26:29 PM
Creation date
11/25/2015 2:34:30 PM
Metadata
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
25B
Date
12/1/2015
Destruction Year
2020
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SUPPLEMENTARY PROCEDURES FOR THE RESOLUTION OF CONSUMER RELATED DISPUTES. <br />CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED. THE ARBITRATOR <br />OF ANY DISPUTE OR CLAIM BROUGHT UNDER OR IN CONNECTION WITH THE MASTER AGREEMENT <br />SHALL NOT HAVE THE POWER TO AWARD INJUNCTIVE RELIEF; INJUNCTIVE RELIEF MAY BE <br />SOUGIIT SOLELY IN AN APPROPRIATE COURT OF LAW. NO CLAIM SUBJECT TO ARBITRATION <br />UNDER THE MASTER AGREEMENT MAY BE COMBINED WITH A CLAIM SUBJECT TO RESOLUTION <br />BEFORE A COURT OF LAW. THE ARBITRABILITY OF DISPUTES SHALL BE DETERMINED BY THE <br />ARBITRATOR. JUDGMENT UPON AN AWARD MAY BE ENTERED IN ANY COURT HAVING COMPETENT <br />JURISDICTION. IF ANY PORTION OF THIS SECTION IS HELD TO BE UNENFORCEABLE, THE <br />REMAINDER SHALL CONTINUE TO BE ENFORCEABLE, <br />22.0 GOVERNING LAW; JURISDICTION; CLAIMS <br />The interpretation, validity and enforcement of the Master Agreement, and all legal actions brought under or in <br />connection with the subject matter of the Master Agreement, shall be governed by the law of the State of New York <br />(except that any conflicts -of -law principles of such state that would result in the application of the law of another <br />jurisdiction shall be disregarded). Any legal action brought under or in connection with the subject matter of the Master <br />Agreement shall be brought only in the United States District Court for the Southern District of New York or, if such <br />court would not have jurisdiction over the matter, then only in a New York State court sitting in the Borough of <br />Manhattan, City of New York. Each party submits to the exclusive jurisdiction of these courts and agrees not to <br />commence any legal action under or in connection with the subject matter of the Master Agreement in any other court <br />or foram. Each Party waives any objection to the laying of the venue of any legal action brought under or in connection <br />with the subject matter of the Master Agreement in the Federal or state courts sitting in the Borough of Manhattan, City <br />of New York, and agrees not to plead or claim in such counts that any such action has been brought in an inconvenient <br />forum. Any claim that Customer wishes to assert under the Master Agrownent must be initiated not later than one (1) <br />year after the claim arose. <br />23.0 SEVERABILITY; WAIVER <br />In the event that any portion of the Master Agreement is held to be invalid or unenforceable, the invalid or <br />unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original <br />intentions of the parties set forth in the Master Agreement and the remainder of the Master Agreement shall remain in <br />fall force and effect. No waiver of any breach or default under the Master Agreement shall be deemed to be a waiver of <br />any preceding or subsequent breach or default. To be legally binding on TWC, any waiver must be in writing. <br />24.0 ASSIGNMENT <br />Customer may not assign the Master Agreement without the prior written consent of TWC, and any assignment in <br />violation of this Section shall be null and void TWC may assign its rights and obligations under the Master Agreement <br />including, without limitation, in whole or in part, to any affiliate without the prior written approval of or notice to <br />Customer. Customer understands and agrees that, regardless of any such assignment, the rights and obligations of TWC <br />in the Master Agreement may aortae to, or be fulfilled by, any affiliate, as well as by TWC and /or its subcontractors, <br />25B -19 <br />
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