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

Home

the County Dark Fibers and the County Equipment, in a way that interferes in any way with or adversely affects the use of the ZAYO System or any Cable therein or other equipment and facilities of any Person (including ZAYO) using the ZAYO System. County's facilities, including without limitation the County Dark Fibers and the County Equipment, shall not endanger or damage the ZAYO System and shall not create an unreasonable risk of damage to property or injury or death to any individual or to the public. County acknowledges that the ZAYO System includes or will include other participants, including ZAYO and other owners and users of telecommunications systems. 8.3 Periodic Inspection. Up to the Demarcation Point on the Network Side, ZAYO shall have the right, but not the duty, to make periodic or spot inspections of, to be present at, and to monitor any access to or work by County relating to any County Manholes and County Handholes. Such inspections and monitoring maybe conducted for the purpose of determining whether facilities placed in the County Manholes or County Handholes and work relating thereto are in compliance with the terms of this Agreement. ZAYO may charge County for the Costs of inspection and monitoring only if the inspection or monitoring reflects that County is in substantial non-compliance with the terms of this Agreement. If ZAYO reasonably determines that any work or facilities is not in compliance with the terms of this Agreement, County shall, upon written notice from ZAYO, bring its work and facilities into material compliance within forty-eight (48) hours of such written notice or, at a minimum, commence curative measures within twenty-four (24) hours and exercise reasonable diligence to complete such measures as soon as possible thereafter. If County fails to at least commence corrective measures within twenty-four (24) hours of ZAYO's notice, then ZAYO may take any action it deems appropriate to correct the non-compliance, including directing immediate suspension of work relating to the ZAYO System. Failure of County to bring its work or facilities into compliance as aforesaid shall constitute a material breach under this Agreement. 8.4 Health and Safety. If ZAYO, in its reasonable discretion, determines that conditions exist within the ZAYO System that pose an immediate threat of damage to property, injury to or death of any Person, or that a violation exists of any. of the Permits, then ZAYO may direct that all work or use by County or others .relating to the ZAYO System, including the County Dark Fibers, be immediately suspended until the violation or condition is corrected to ZAYO's satisfaction. Neither Party shall be liable for or entitled to any damages for such suspension. If any condition or violation is a direct or indirect result of County's use of the County Dark Fibers or County Equipment, County shall pay and reimburse ZAYO for one hundred percent (100%) of all Costs incurred by ZAYO in taking corrective action within thirty (30) days of the date of ZAYO's invoice therefore. 9. Construction Services Notwithstanding anything contained in this Agreement to the contrary, any and all work with respect to the County Dark Fibers and the ZAYO System shall be performed solely by ZAYO with respect to the Initial Service Order. In addition, from time to time, ZAYO may provide construction services ("Construction Services") in :the form of installation of Duct, conduit, Lateral Connection(s), optical fibers,. splicing and testing of such fibers, and construction of manholes and handholes. If County requires a lateral connection to the Zayo System, consistent with Minnesota law, Zayo shall have the right to match any bid by a third party to construct a lateral connection to the Zayo System for any additional locations. Any - - 12 Anoka County Master Fiber IRU 8.14.10