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29. Who is responsible if Zayo damages equipment or systems belonging to a third party that are at <br />the co- location site during installation? <br />This agreement does not confer any third party benefits to anyone. The agreement is between the <br />County and the Entity, with Zayo subordinate to the County. If the entity is concerned that Zayo will not <br />use due care regarding a third party's equipment located at the co- location site, then the Entity should <br />limit ZAYO's access to third party property. <br />30. We are not clear on the meaning of certain terms, such as Demarcation Point, Fiber Optic <br />Network, Ducts, Network Availability, Transport Services, Ethernet Services, etc. Are these <br />terms defined anywhere? <br />Many of these terms are defined in the Master Service Agreement and Indefeasible Right of Use <br />Agreement executed between the County and Zayo on August 17, 2010. A copy of these two <br />agreements will be attached to the Connectivity Services Agreement for reference as informational <br />exhibits. Additionally, some of these terms are "terms of art" in the broadband and Information <br />Technology industry, and are used here in standard industry usage. <br />31. Why doesn't the Entity gain ownership rights in the equipment if the city is required to pay a <br />pro -rata share for repairs and /or replacement after the warranty period expires on August 16, <br />2017? <br />The initial equipment is paid for by the grant, at no cost to the Entity. Contrast this with more typical <br />agreements, where the Entity pays a much larger monthly fee to a provider for both the service and the <br />equipment. If, after 2017, equipment is replaced completely the situation may change. Options for total <br />replacement at that time, if necessary, may include replacement with Zayo Equipment, Entity <br />Equipment or County Equipment, <br />32. May the entity, in particular a city, charge building permit fees, franchises, etc. to Zayo outside <br />of the co- location site? <br />Pursuant to Paragraphs II.C. and III.B., Entities retain franchising authority, and may issue building <br />permits, franchise fees as allowed by Minnesota statutes. The entity may not charge these fees for the <br />co- location site itself (for example, the entity may not charge fees for underlying rights needed to place <br />equipment in City Hall, or a fire station which are the designated co- location sites described in Exhibit <br />A.) <br />33. Will Zayo or Anoka County be providing cable services in competition with Comcast or other <br />private cable carriers through this agreement? <br />No. Anoka County will not be a cable provider. Providing cable TV services is not consistent with <br />Anoka County's mission statement. The County's fibers may only be used for governmental and quasi - <br />governmental purposes. Zayo is not a cable provider, nor does it offer triple- play services <br />(telephone /voice, data /internet, and cable /video). While no one can predict the future, a more likely <br />scenario is that private carriers will contract with Zayo to use Zayo's fibers to provide services to private <br />customers throughout the county. <br />34. Where can I get more information on the project? <br />By phone: 763 - 422 -7537 (Carrie Johnson) <br />By e -mail: ConnectAnokaCountva.co.anoka.mn.us <br />..co.anoka.mn.us <br />By mail: Connect Anoka County, <br />Attn: Information Technology <br />2100 3rd Avenue, Suite 300 <br />Anoka, MN 55303 <br />March 4, 2011 5 <br />