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

Home

for ZAYO to terminate any such Lateral Connections to access the County Dark Fibers, and install, splice, maintain, repair and replace the County Dark Fibers therein. 6.3 Route Design. County acknowledges that, for portions of the System Route on which construction has not begun, if any, as of the Effective Date of this Agreement, deviations in the Zayo System Route or County Route, including material deviations from the Estimated Route Miles, are possible. ZAYO shall take into consideration any of County's input, interest and concerns with respect to material changes in the route design of the Initial Service Order. 7. Testing and Acceptance of County Dark Fibers 7.1 Fiber Acceptance Testing. ZAYO shall test the County Dark Fibers ("Fiber Acceptance Testing"). ZAYO shall provide County reasonable advance notice of the date and time of each Fiber Acceptance Testing such that County shall have the. opportunity to have County personnel present to observe the Fiber Acceptance Testing. When ZAYO has determined that the results of the Fiber Acceptance Testing show that the County Dark Fibers, with respect to all Segments included within a Service Order, have been installed and are operating in conformity within the ZAYO specification, as detailed in Exhibit E ("Acceptance Specifications"), ZAYO shall promptly provide County .written notice of the same (a "Notice of Completion," as generally set forth in Exhibit C attached hereto and incorporated herein) and a copy of such test results. 7.2 Notice of Completion. Within ten (10) business days of receipt of the Notice of Completion, County shall return to ZAYO the Notice of Completion either (i) accepting the County Dark Fibers with respect to such Service Order, or (ii) rejecting the County Dark Fibers with respect to such Service Order. If County rejects the County Dark Fibers with respect -to a Service Order, County shall also specify in writing, in reasonable detail, the defect or failure in the Fiber Acceptance Testing. If County fails to notify ZAYO of its acceptance or rejection of the Notice of Completion within ten (10) days following County's receipt of the same, County shall be deemed to have accepted the County Dark Fibers With respect to such Service Order. The date of such notice of acceptance or deemed acceptance of the County Dark Fibers with respect to an entire Service Order shall be the "Acceptance Date." In the event of any good faith rejection by County, ZAYO shall take such action as reasonably necessary, and as expeditiously as practicable, to correct or cure such defect or failure, and the process of Fiber Acceptance Testing, notice to County and acceptance shall be repeated with _respect to such rejected County Dark Fibers. The foregoing notwithstanding, if County uses any portion of the County Dark Fibers prior to acceptance, other than for testing County Equipment, such use shall constitute acceptance of such portion of such County Dark Fiber, with an Acceptance Date effective as of the earliest documented use by County. 8. Installation of County Equipment 8.1 Equipment Responsibility. The installation, use, repair, maintenance and replacement of County Equipment shall be the sole responsibility of County, and ZAYO shall have no obligation or liability under this Agreement or otherwise to install, maintain, repair or replace any County Equipment. 8.2 No Interference. County shall not use its facilities, including without limitation 11 Anoka County Master Fiber IRU 8.14,10