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Dark Fibers, ZAYO shall keep the County Dark Fibers free from (a) any liens or encumbrances
<br />of any third Person attributable to ZAYO and (b) any other rights or claims of any third Person
<br />_ attributable to ZAYO, which in either case are superior to the rights of County. Notwithstanding
<br />the foregoing sentence, such representations by ZAYO shall not include any liens or other
<br />interests in the County Dark Fiber or any part of the ZAYO System created through the Grant.
<br />12.3 Use of County Dark Fibers. Subject to the limitations set forth in this
<br />Agreement, County shall use the County Dark Fibers solely for the Permitted Use and solely for
<br />lawful purposes. In no event whatsoever shall County directly or indirectly transfer, sell, assign,
<br />condo, swap, exchange, IRU, sub -IRU, license, sublicense, resell or grant indefeasible or other
<br />rights of use in or to all or any part of the County Dark Fibers or County's interest therein, or
<br />enter into any other arrangement with any Person for such Person's use of all or any part of the
<br />County Dark Fibers; provided, however that County may so transfer a limited interest in its
<br />County Dark Fibers if such transfer is consistent with the Permitted Uses. County agrees and
<br />acknowledges that it has no right to use any of the Cable that is part of the ZAYO System, other
<br />than the County Dark Fibers. County shall keep any and all of the ZAYO System free from .any
<br />liens, rights or claims of any third Person attributable to County. Any transfer, assignment or
<br />other action in violation of this Section 12.3 shall constitute a material breach of this Agreement
<br />and shall, in addition to any other remedies available to it, entitle ZAYO to terminate this
<br />Agreement without any liability to County or the repayment of the IRU Charge or any other fees
<br />or charges paid by County.
<br />12.4 Damage to ZAYO System. County and ZAYO shall promptly notify each other
<br />of any matters pertaining to, or the occurrence (or impending occurrence) of, any. event which
<br />would be reasonably likely to give rise to any damage or impending damage to or loss of the
<br />ZAYO System that are known to such Party.
<br />123 Compliance with Permits. County and ZAYO each agrees to cooperate with
<br />and support the other in complying with any Permit information request to their respective rights
<br />and obligations hereunder. Without limiting the generality of the foregoing, County agrees to
<br />provide to ZAYO, promptly upon request by ZAYO, a detailed description of its uses of the
<br />County Dark Fibers and any other information regarding its use of the County Dark Fibers
<br />reasonably requested by ZAYO in order to enable ZAYO to comply with any reporting
<br />requirements imposed on ZAYO.
<br />13. Indemnification
<br />13.1 Mutual Indemnity. Subject to the provisions of Section 14, each Party, on
<br />behalf of itself and its Affiliates, and their respective employees, officers, directors and agents
<br />("Indemnitor"), to the extent permitted by law, hereby agrees to indemnify, defend, protect and
<br />hold ha«nxless the other Party and its Affiliates, and their respective employees, 'officers,
<br />directors and agents (the "Indemnified Persons"), from and against, and assumes liability for all
<br />suits, actions, damages, claims, losses, fines, judgments, costs • and expenses (including
<br />reasonable attorneys', accountants', experts' fees and disbursements and costs of appeal) of any
<br />kind or character ("Claims") suffered or incurred by the 'Indemnified Persons or any of them (a)
<br />because of the death of any Person, or any injuries or damage received or sustained by any
<br />Persons or property (including without limitation, the ZAYO System), which in whole or in part
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<br />Anoka County Master Fiber lRU 8.14.10
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