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22. Should additional language be included for waiver of subrogation? <br />No, the mutual indemnification language included in the agreement eliminates the need for any waiver <br />of subrogation. <br />23. What is the point of demarcation contemplated in the Agreement? It is clear in the Agreement <br />that the Entity is responsible for interconnection and wiring beyond the point of demarcation. <br />Does this mean that the Entity will be required to wire to individual sites within the co- location <br />service site? <br />Yes, the Entity is responsible for wiring within each co- location site. This wiring is likely the entity's <br />existing network. See Exhibit H for definition of demarcation point. <br />24. What exactly will the Entity be paying for? Does the agreement contemplate the use of dark <br />fiber, or any additional cost to add capacity in the future? <br />The entity is paying for connectivity which includes transport and ethernet service. The Entity will only <br />pay if the connectivity service is used. The dark fiber will be installed with the network, but additional <br />equipment will be required to utilize it. No specific use of the dark fiber is included in the agreement. <br />25. The Agreement states that the Entity will work with the County to manage bandwidth, but what <br />does that mean? <br />If there are capacity issues, all the entities will need to work together to resolve them to the mutual <br />benefit of the parties. We will also be working to monitor bandwidth utilization to identify potential <br />problems before they impact the service. <br />26. Have the insurance issues been resolved so that the requirements coincide with what is <br />currently provided through the League of Minnesota Cities? <br />We have made edits to the insurance language with input from the cities. It is the County's <br />understanding that Kurt Glaser, City Attorney for Lexington and Centerville, has asked the League for <br />an opinion. Kurt forwarded an email on March 2, 2011 to David Minke and Kathy Timm from the <br />League with an opinion. We have forwarded the opinion to to John Sullivan, Anoka County Risk <br />Management for review. <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 rack) available for <br />the switch of 8u or about 12 inches, with sufficient space to access the equipment for repairs, <br />maintenance and upgrades. The space should also be convenient to the entity's demarcation point. To <br />maintain maximum uptime, it would be best to meet the specified requirements for space and <br />environmental conditions. However, if all specifications cannot be met, the County and Zayo will work <br />with the 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 County's <br />agreement with ZAYO provides that the County must secure the various co- location sites, whether the <br />properties are County owned or owned by another governmental or quasi - governmental agency. <br />ZAYO has expressed disinterest in directly contracting with the various entities. <br />March 4, 2011 4 <br />