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D. Transport Availability: The transport services being provided will meet or <br />exceed 99.999% network availability for protected optical service, 99.99% for protected <br />TDM based services such as DS3s and DS1s and 99.9% for unprotected services as <br />measured on a monthly basis. If Network Availability is below the percentage above in <br />two out of the three preceding calendar months not due to an Excused Outage, the <br />same shall constitute an event of default hereunder. <br />E. Ethernet Availability: The Ethernet Services being provided will meet or <br />exceed 99.9% network availability for unprotected service and 99.95% for protected <br />service as measured on a monthly basis. If Network Availability is below 99.9% for <br />unprotected circuits and 99.95% for protected circuits in two out of the three preceding <br />calendar months not due to an Excused Outage, the same shall constitute an event of <br />default hereunder. <br />F. Mean Time To Repair (MTTR): ZAYO's MTTR will be four hours for <br />protected services and eight hours for unprotected services as measured on a monthly <br />basis for outages of the services provided or any part of the services provided; for <br />example an individual DS3 or group of DS3s. If ZAYO's MTTR for all protected services <br />is greater than four hours in two out of the three preceding months not due to a Force <br />Majeure Event such occurrence shall constitute an Event of Default on the part of <br />ZAYO, on behalf of Anoka County, for the affected circuit. <br />VI. TERM <br />This Agreement will be for a period commencing on the date of signing by both <br />parties, and continuing until August 16, 2015 (Initial Term), with up to a total of three (3) <br />renewal periods of additional five (5) years terms (Renewal Terms) upon written <br />amendment. Both parties shall provide written notice of intent to renew this agreement <br />not less than one hundred eighty days (180) before the end of the Initial Term or <br />Renewal Term. For purposes of this agreement, written notices shall be sent to the <br />addresses of each of the Parties as indicated above. Upon the termination or expiration <br />8 <br />Final Agreement as April '1 March 2g, 2011 Fina4 <br />