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I. DEFINITIONS <br />That the parties agree the following definitions for terms used in this Agreement: <br />a) Community Anchor Institutions: quasi -government, government, <br />educational and public safety institutions. <br />b) Co -location service sites: designated physical sites located in <br />various Community Anchor Institutions located in and around Anoka County. (See <br />Attachment A.) <br />c) ZAYO System: an integrated multi -cable, multi -ring fiber optic <br />communication system comprised of cables and ducts, lateral connections, and the <br />manholes and handholds locates therein, and related equipment required to provide <br />Connectivity Services as provided through the NTIA grant. <br />d) Connectivity Services: As described in Article V. <br />e) Underlying Rights: all deeds, IRUs, (exclusive or non-exclusive) <br />easements, rights -of -way agreements, licenses, grants, contracts and other rights, titles <br />and interests to use real property of any third person, which are reasonably necessary <br />for the construction, placement, location, installation, operation, use, IRU, rental, <br />maintenance, repair or replacement by ZAYO or Anoka County, as the case may be, of <br />the ZAYO System, Ducts, County Equipment, Cable or County Dark Fibers. <br />f) IRU: Indefeasible Right of Use. <br />g) Equipment: electronics, optronics, and other devices as necessary <br />to deliver the Connectivity Services. <br />h) Permitted use: Connectivity services shall only be used by <br />Community Anchor Institutions for quasi -governmental, governmental, educational or <br />public safety purposes and shall not be used to directly or indirectly compete with <br />ZAYO. <br />i) ZAYO Staff: Employees, consultants, and other sub -contractors <br />working under the direction of ZAYO to install and support the ZAYO System. <br />II. SCOPE OF SERVICES <br />A. Anoka County will provide, through its contract with ZAYO, Connectivity <br />Services to Entity through the fiber optic network built by ZAYO. Once the fiber optic <br />network is built and the system is installed in the various co -location service sites, <br />2 <br />Final Agreement as March 4. 2011 <br />