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The following Attachments are included for reference in this agreement and are <br />informational exhibits, but do not confer any rights onto the Entity unless also <br />specifically included in this agreement: <br />Attachment G: Wholesale Master Service Agreement, Anoka County Contract <br />#2010 -0239. This is a separate document in a pdf format. <br />Attachment H: Master Fiber IRU by and between ZAYO BANDWIDTH, LLC and <br />Anoka County, Minnesota dated August 17, 2010. This is a separate document in a pdf <br />format. (This exhibit does not include 20 pages of photographic exhibits which are <br />included in the original, and are available to Entities on request.) <br />XXIV. AUDIT, DISCLOSURE AND RETENTION OF RECORDS <br />Both parties agree to make available to duly authorized representatives of the <br />other and of the State of Minnesota, for the purpose of audit examination pursuant to <br />Minn. Stat. § 16C.05, any books, documents, papers, and records of the party that are <br />pertinent to the provision of services hereunder. Both parties further agree to maintain <br />all such required records for six (6) years after receipt of final payment and the closing <br />of all other related matters. <br />XXV. INDEPENDENT CONTRACTOR <br />A. Anoka County has entered into a separate contract with ZAYO for the <br />construction of the ZAYO system /fiber optic network. See informational Exhibits G and <br />H. ZAYO remains an independent contractor, however, and neither that agreement nor <br />this one creates a partnership, joint venture or agency relationship between Zayo or the <br />County. Anoka County has no authority to bind ZAYO beyond the obligations and <br />responsibilities of those contracts. <br />B. It is agreed by the parties that at all times and for all purposes hereunder, <br />the relationship of the County to the Entity is that of an independent contractor and not <br />an employee or agent of the Entity. <br />C. It is agreed by the parties that at all times and for all purposes hereunder, <br />the relationship of the Entity to the County is that of an independent contractor and not <br />an employee or agent of the County. <br />Final Agreement as March 4.2011 <br />15 <br />