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IV. PHYSICAL ACCESS TO CO- LOCATION SITE <br />A. Entity shall provide co- location space at co- location service sites indicated <br />on Attachment A where ZAYO, on behalf of Anoka County, can install Equipment to <br />provide services. Security shall be maintained at the site as indicated in Attachment B. <br />Entity shall provide adequate power and temperature control as may be further detailed <br />on the service order Attachment B. Entity shall provide all Underlying Rights and rights <br />of access necessary for ZAYO to enter the premises and to construct and maintain fiber <br />connections across the co- location service site whether the site is owned, leased, <br />rented or administered by Entity. <br />B. ZAYO, on behalf of Anoka County, shall provide, install, maintain, repair, <br />operate and control its Equipment, as necessary. Unless specifically provided in <br />Attachment A, there shall be no cost to Entity for the purchase and/ or installation of the <br />ZAYO Equipment. Any ZAYO Equipment shall be maintained and replaced at no <br />expense to Entity until the earlier of August 17, 2017, or this contract is otherwise <br />terminated. Thereafter, if the ZAYO Equipment deteriorates, or no longer supports the <br />provisioning of services, Entity agrees that it shall pay the prorata costs incurred in the <br />replacement of such ZAYO Equipment. <br />C. ZAYO, through Anoka County, may request permission to place additional <br />ZAYO Equipment at the co- location service site indentified in Attachment A to solely <br />service commercial customers. If Entity elects to allow such installation for commercial <br />service at the co- location service site, ZAYO shall pay to Entity $250 per month for the <br />first device, and $100 per month for each additional device. No co- location fees will <br />apply if ZAYO Equipment used to provide services to Entity and to Anoka County if such <br />ZAYO Equipment is also used to serve a commercial customer. <br />D. The ZAYO Equipment shall remain the sole and exclusive property of <br />ZAYO, and nothing contained herein shall give or convey to Entity any right, title or <br />interest whatsoever in the ZAYO Equipment. The ZAYO Equipment shall remain <br />personal property, notwithstanding that it may be or become attached to, or embedded <br />in, realty. The ZAYO Equipment shall not be considered a fixture of that real property. <br />Final Agreement as March 4.2011 <br />4 <br />