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25. The Agreement states that the Entity will work with the County to manage <br />bandwidth, but what does that mean? <br />If there are capacity issues, all the entities will need to work together to resolve them to <br />the mutual benefit of the parties. We will also be working to monitor bandwidth utilization <br />to identify potential problems before they impact the service. <br />26. Have the insurance issues been resolved so that the requirements coincide with <br />what is currently provided through the League of Minnesota Cities? <br />We have made edits to the insurance language with input from the cities. Kurt Glaser, <br />Lexington City Attorney, requested an opinion from the League of Minnesota Cities, <br />which was received on March 2, 2011. Additional edits were made to the insurance <br />requirements in order to comply with this opinion. <br />27. What are the space and environmental requirements for the Zayo Equipment? <br />Ideally there would be rack space (19'X72" standard steel or aluminum telecom relay <br />rack) available for the switch of 8u or about 12 inches, with sufficient space to access <br />the equipment for repairs, maintenance and upgrades. The space should also be <br />convenient to the entity's demarcation point. To maintain maximum uptime, it would be <br />best to meet the specified requirements for space and environmental conditions. <br />However, if all specifications cannot be met, the County and Zayo will work with the <br />entity to determine an acceptable equipment location. See #21. <br />28. Why isn't Zayo a party to the Connectivity Services agreement? <br />Some attorneys have suggested that ZAYO should be a party to this agreement. The <br />County's agreement with ZAYO provides that the County must secure the various co- <br />location sites, whether the properties are County owned or owned by another <br />governmental or quasi - governmental agency. ZAYO has expressed disinterest in <br />directly contracting with the various entities. <br />29. Who is responsible if Zayo damages equipment or systems belonging to a third <br />party that are at the co- location site during installation? <br />This agreement does not confer any third party benefits to anyone. The agreement is <br />between the County and the Entity, with Zayo subordinate to the County. If the entity is <br />concerned that Zayo will not use due care regarding a third party's equipment located at <br />the co- location site, then the Entity should limit ZAYO's access to third party property. <br />30. We are not clear on the meaning of certain terms, such as Demarcation Point, <br />Fiber Optic Network, Ducts, Network Availability, Transport Services, Ethernet <br />Services, etc. Are these terms defined anywhere? <br />Many of these terms are defined in the Master Service Agreement and Indefeasible <br />Right of Use Agreement executed between the County and Zayo on August 17, 2010. A <br />copy of these two agreements will be attached to the Connectivity Services Agreement <br />for reference as informational exhibits. Additionally, some of these terms are "terms of <br />Final Agreement as March 4.2011 <br />30 <br />