Agenda - Council - 02/10/2015 - Laserfiche WebLink

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4.2 Consideration for Service Orders. Except for the Initial Service Order, a Service Order shall specify any 1RU Charges due thereunder. "TRU Charge" shall mean the Contribution, any recurring charges, non-recurring charges, together with the County Maintenance Fee. Any Lateral Connections requested by County not contained in the Initial Service Order shall be memorialized in a separate Service Order and shall include any IRU Charges for the requested Lateral Connections. . 4.3 Payment of Contribution. Pursuant to Grant guidelines, anytime ZAYO requests any portion of the Grant funds to be released, ZAYO shall send County an invoice for its proportionate share of such draw. County shall pay the requested portion of its Contribution within fifteen (15) days of the invoice date. For example, if ZAYO wants to make a total draw of $100,000 for Project construction, ZAYO requests 'a seventy percent (70%) contribution, or $70,000, from the Grant and invoices County for its proportionate share of fifteen percent (15%), or $15,000. Subject to Section 19(a), failure to make any Contribution when due shall constitute a material breach of this Agreement and the MSA and shall entitle ZAYO to all remedies it may have pursuant to this Agreement, the MSA or at law or in equity. 4.4 Payment of Recurring Charges. If a recurring charge, inclusive of the County Maintenance Fee, is specified in a Service Order, ZAYO will invoice County in advance of each period (but not more than thirty (30) days in advance) for the recurring charge and County will pay the recurring charge within thirty (30) days of the invoice date. Unless otherwise provided in the Service Order, ZAYO will begin to invoice the recurring charge on the Acceptance Date. Invoices for partial months will be prorated. 4.5 Charges for Routine Maintenance. .If County routine maintenance fees are included in the respective Service Order, County agrees to pay ZAYO for such Routine Maintenance throughout the Tenn as identified in such individual Service Order (the "County Maintenance Fee"). The County Maintenance Fee shall be adjusted annually effective December 31st of each year to reflect the CPI Adjustment, .not to exceed three percent (3%) since the Acceptance Date, provided that in no event shall the amount be less than that for the preceding year. Within thirty (30) days after the Acceptance Date of each Segment, ZAYO shall send an invoice for the first monthly County Maintenance Fee for such Segment prorated to cover only the remaining portion of the then current month. 4.6 Late Payment. If County fails to make any payment under this Agreement when due, then, in addition to such sum and to any other rights and remedies that ZAYO may have, County shall pay interest on such .unpaid amount at the Interest Rate. Notwithstanding the foregoing, no interest shall accrue on any payment that is disputed in good faith by County while such dispute is pending. If such dispute is later resolved in favor of ZAYO, such amount shall bear interest from the date when due until paid at the Interest Rate. 4.7 Miscellaneous Payments. In addition to the amounts payable under each respective Service Order, County shall be responsible to pay directly or reimburse ZAYO, as. requested by ZAYO, for all other sums, costs, fees 'and expenses that are required to be paid under this Agreement. Except for the IRU Charge (which is payable as specified above), ZAYO will invoice County for all sums, costs, fees and expenses owed by County to ZAYO, and County shall pay such invoices within thirty (30) days of the invoice date. ZAYO reserves the 9 Anoka County Master Fiber IRU 8.14.10