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

Home

right to direct payment of the IRU Charge, and any other fees or charges to ZAYO or to any other party. 4.8 No Deduction. All payments made by County under this Section 4 shall be made without any deduction, offset or withholding. If County has a dispute as to any amounts due hereunder, including IRU Charges, County must provide written notice to ZAYO specifically identifying all disputed IRU Charges within forty-five (45) days after the date of the affected invoice or else the County waives the dispute. If pursuant to an investigation into the disputed amounts ZAYO determines that the County did not owe such amounts, ZAYO shall refund the same within thirty (30) days of determination. 5. Term and Renewal 5.1 Term of Agreement. The term of this Agreement will commence upon the Effective Date and subject to Sections 11, 19 and 20 will terminate twenty (20) years from the Effective Date unless earlier terminated in accordance with this Agreement (the "Initial Tenn"). Notwithstanding the above, unless County provides Zayo with sixty (60) days' written notice prior to the end of the Initial Term, or the then current Renewal Term, this Agreement shall autoinatically renew for twenty (20) consecutive five (5) year periods ("Renewal Term(s)" and collectively with Initial Term; the "Term"). The Term shall be subject to the useful life of the County Dark Fibers. If the County Dark Fiber naturally deteriorates and becomes unable to be used for its intended purpose of transport services, ZAYO shall have no obligation to replace the County Dark Fibers in such instance. In such instance, ZAYO shall notify County and ZAYO may elect to terminate this Agreement. 5.2 Service Order Term. Each Service Order placed under this Agreement shall terminate on the earlier of (i) the expiration or termination of the Service Order, or (ii) the termination or expiration of this Agreement ("Service Term"). In no event will new Service Orders under this Agreement be permitted if the Agreement has expired or been terminated. The Dark Fiber IRU and Service Tenn for County Dark Fibers shall commence on the relevant Acceptance Date for the County Dark Fibers described in the Service Order, and shall extend for the Term. 6. Construction of the ZAYO System 6.1 Areas of Responsibility. ZAYO shall have full and complete control and responsibility for determining any routing configurations of the ZAYO System and the location and configurations of all Lateral Connections, Manholes and Handholes. County shall have the right, upon written request, to inspect the installation, splicing and testing of the County Dark Fibers; provided that County shall not enter a Manhole or access a Handhole. County shall have full and complete control and: sole responsibility for selecting, purchasing and installing all County Equipment, for determining County network and service configurations or designs, for regrooming, rearrangement or consolidation of channels or circuits with regard to the use of the County -Dark Fibers. 6.2 Areas of Responsibility - Lateral Connections. If the County Dark Fibers are to be placed in Lateral Connection(s) by ZAYO, County shall obtain for the benefit of ZAYO (per Section 12.1), for the Term of the applicable Service Order, all private rights of access necessary 10 Anoka County Master Fiber IRU 8.14.10