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

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splicing or connection to the Zayo Systemshall be performed by Zayo pursuant to Exhibit D. Prior to the commencement of any Construction Services pursuant to this Section 9, the Parties will mutually agree upon pricing, terms and conditions, and both Parties shall execute a separate agreement for such Construction Services. 10. Maintenance and Repair of the ZAYO System 10.1 Maintenance Procedures. From and after the Acceptance Date for the County Dark Fibers in a Service Order, the maintenance of such County Dark Fibers shall be provided in. accordance with the maintenance requirements and procedures set forth in Exhibit D. County agrees to reimburse ZAYO for Costs incurred by it for non -Routine Maintenance in accordance with the provisions of this Section 10 and Exhibit D. (a) - Routine Maintenance. During the Service Term, ZAYO shall provide, or cause to be provided by contractors selected by ZAYO, all required Routine Maintenance of the ZAYO System and the County Dark Fibers in accordance with the provisions set forth in Exhibit D. "Routine Maintenance" means the work specifically identified as Routine Maintenance in Exhibit D, provided that Routine Maintenance excludes (i) work for which County is obligated' to reimburse ZAYO pursuant to other Sections of this Agreement (including Section 9), (ii) work necessitated by County's negligence or willful misconduct, or (iii) County's elective maintenance or repair requests. (b) Non -Routine Maintenance. In the event that an event of non -Routine Maintenance relates to (i) work necessitated by County's negligence or willful misconduct or (ii) County's elective maintenance or repair requests, County shall pay and reimburse ZAYO for one hundred percent (100%) of all Costs actually incurred by ZAYO in connection with such non -Routine Maintenance, within thirty (30) days of County's receipt of ZAYO's invoice therefore. Ail other non -Routine Maintenance costs actually incurred, and not reimbursed by a third party, shall be paid by County pursuant to its Pro Rata Share. 10.2 Service Affecting Condition. From and after the Acceptance Date with respect to the County Dark Fibers in each Service Order, in the event that a Service Affecting Condition exists in all or any part of -the ZAYO System, ZAYO shall use commercially reasonable efforts to resolve such Service Affecting Condition utilizing the procedures described in Exhibit D. Notwithstanding anything contained herein to the contrary, ZAYO shall not incur any liability to County by reason of a Service Affecting Condition, except its obligation to resolve such Service Affecting Condition as set forth in this Section 10.2, and County shall not be entitled to any credits or for any other payment paid or to be paid by County pursuant to this Agreement by reason of such Service Affecting Condition. A Service Affecting Condition shall specifically exclude any condition that is caused by the County Equipment. 10.3 Access to ZAYO System. County shall have no right whatsoever to physically access the ZAYO System or -the Cable, or to maintain, splice, adjust,'align, cut, repair or replace the County Dark Fibers or ZAYO System, or attempt to do any of the foregoing. 11. Underlying Rights; Relocation 11.1 ZAYO's Underlying Rights. Subject to the terms and provisions of this 13 Anoka County Master Fiber IRU 8.14.10