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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 grant <br />requirements that Zayo must follow. In addition, Zayo will have an incentive to complete the fiber <br />network so they can sell connectivity services to their commercial 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 that <br />performance bonds will be required from Contractors that Zayo employs in the construction process. <br />16. What happens if Zayo goes bankrupt? <br />Prior to entering into an agreement with Zayo, an analysis was completed that determined that Zayo <br />was in a healthy financial situation. If, in the future, Zayo files for bankruptcy, the outcome would be <br />determined by the bankruptcy court. Additionally, Anoka County has an IRU in the dark fiber, there is <br />added protection for the integrity of the network even if Zayo is no longer available to provide <br />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 warranty language <br />is a pass through to the Entities of the warranties negotiated between Zayo and the County. Anoka <br />County cannot bind Zayo to any other warranties than what is provided in the Master Service <br />Agreement and the IRU which are attached to the agreement in Exhibits G and H. <br />18. How will equipment replacement be made after the expiration of the warranty on August 17, <br />2017? <br />If the equipment needs to be replaced after that time, the entity will need to pay the prorata costs for <br />such replacement. In addition, consideration will need to be made for future maintenance of this new <br />equipment. If the entity is not getting connectivity service, or no longer wants service, no replacement <br />equipment at entity cost is required. <br />19. Will there be a forum for the entities to provide input in the future? <br />It is the County's intent to continue meetings with the entities. In addition, if there is interest, we could <br />consider creating advisory committees (i.e. technical, administrative) to provide a forum for interested <br />entities to meet more frequently. <br />20. Does the agreement only address the installation of equipment at the co- location site, or does it <br />also include the construction of dark fiber to the site? <br />The entity needs to approve the agreement to allow the placement of equipment at the site as well as <br />construction of the network including dark fiber to the co- location site. However, the entity may initially <br />elect not to receive the connectivity service at a site. <br />21. I note the service site requirements in Attachment B (security, temperature and environmental, <br />and space requirements). What is the size of the equipment; how much space is required, and; <br />are there any special location requirements? <br />The County and Zayo staff will be conducting a review of each site location over the next couple of <br />months. It should also be noted that the Zayo equipment will be owned and managed by Zayo. The <br />equipment will be switches that will fit into standard racks commonly found in data closets. See #27. <br />March 4, 2011 3 <br />