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12. Will each Entity be required to provide easements without cost to Anoka County <br />and /or Zayo? <br />Yes, it is contemplated that the easement will be provided without charge to get from the <br />right of way to your facility across the private property of your facility. Entities retain <br />authority to charge for building permits, franchises, etc. in the right of way. <br />13. Will physical access be required by Zayo? <br />The agreement contemplates that there may be specific requirements that vary from <br />location to location. Zayo must abide by your written security requirements. For <br />example, if you want equipment installed in a location that you do not want to give <br />unaccompanied access to, simply state that requirement in writing. Also, you do not <br />need to give keys, access codes, or access cards to Zayo, so presuming that you keep <br />your facilities locked, they would not be able to enter them without someone to let them <br />in. The access that Zayo needs to maintain your equipment is similar to other providers <br />such as Qwest, Comcast, US Cable, etc. <br />14. What assurances are in place for Zayo performance? <br />Zayo has obligations under the agreement with the County to perform as well as NTIA <br />grant requirements that Zayo must follow. In addition, Zayo will have an incentive to <br />complete the fiber network so they can sell connectivity services to their commercial <br />customers. <br />15. Does the County agreement with Zayo include a Performance Bond requirement? <br />No, there is no performance bond requirement. However, Zayo has notified the County <br />that performance bonds will be required from Contractors that Zayo employs in the <br />construction process. <br />16. What happens if Zayo goes bankrupt? <br />Prior to entering into an agreement with Zayo, an analysis was completed that <br />determined that Zayo was in a healthy financial situation. If, in the future, Zayo files for <br />bankruptcy, the outcome would be determined by the bankruptcy court. Additionally, <br />Anoka County has an IRU in the dark fiber, there is added protection for the integrity of <br />the network even if Zayo is no longer available to provide maintenance and support. <br />17. Concern was expressed with the warranty language in Section IX.D. <br />This type of warranty language is very typical of fiber agreements such as this. This <br />warranty language is a pass through to the Entities of the warranties negotiated between <br />Zayo and the County. Anoka County cannot bind Zayo to any other warranties than <br />what is provided in the Master Service Agreement and the IRU which are attached to <br />the agreement in Exhibits G and H. <br />Final Agreement as March 4.2011 <br />28 <br />