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the replacement thereof, within thirty (30) days after receipt by Entity of a written <br />request for reimbursement. <br />B. Anoka County shall be liable for any loss of or damage to Entity's <br />equipment caused by Anoka County or ZAYO's negligence, intentional act, willful <br />misconduct or unauthorized maintenance. Anoka County shall reimburse Entity for the <br />reasonable cost of repair of the equipment, or the replacement thereof, within thirty (30) <br />days after a written request for reimbursement and ZAYO has reimbursed Anoka <br />County for the loss or damage pursuant to Anoka County's Agreement with ZAYO. <br />Anoka will make reasonable effort to pursue reimbursement on the Entity's behalf. <br />C. Anoka County shall not be liable for delays in installation, commencement <br />or restoration of the service; for any temporary or permanent cessation of service; for <br />errors, malfunctions, delays or defects in transmission of the service; for loss or damage <br />occasioned by a Force Majeure Event. Anoka County's liability for any and all causes <br />and claims whether based in contract, warranty, negligence or otherwise shall in no <br />event exceed: 1) an amount equivalent to the proportionate charge by Anoka County to <br />Entity for the period of service affected, or 2) if applicable, the replacement value of any <br />Entity equipment which is lost or damaged as a result of Anoka County's gross <br />negligence or willful misconduct. <br />D. ANOKA COUNTY NEITHER ASSUMES NOR MAKES ANY WARRANTY, <br />EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AS TO THE DESCRIPTION, <br />QUALITY, MERCHANTIBILITY, COMPLETENESS OR FITNESS FOR ANY <br />PARTICULAR PURPOSE OR USE OF THE SERVICE, LOCAL ACCESS OR ANY <br />OTHER MATTER, EXCEPT AS SET FORTH IN THIS AGREEMENT. SUCH <br />WARRANTIES ARE HEREBY EXCLUDED AND DISCLAIMED. <br />X. FORCE MAJEURE <br />Neither party individually and Anoka County on behalf of ZAYO shall be liable for <br />any failure of performance hereunder due to causes beyond its reasonable control <br />including, but not limited to acts of God, fire, explosion, vandalism, cable cut, flood, <br />storm, or other similar catastrophe, any law, order, regulation, direction, action or <br />Final Agreement as March 4.2011 <br />9 <br />