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Section 13, to the extent ZAYO is required under the terms and provisions of any Underlying
<br />Rights to indemnify the grantor or provider thereof from and against any and all CIaims arising
<br />out of or related to such Underlying Rights, regardless of the cause and regardless of whether
<br />such Claims arise from the sole or partial negligence, actions or inaction of such grantor or
<br />provider or its employees, servants, agents, contractors, subcontractors or other Persons using the
<br />property covered by such Underlying Right, County hereby releases such grantor or provider
<br />from the same, regardless of whether such Claims arise from the sole or partial negligence,
<br />willful misconduct or other action or inaction, of such grantor or provider or its employees,
<br />servants, agents, contractors, subcontractors or other Persons using the property covered by such
<br />Underlying Right.
<br />14. Limitation of Liability •
<br />14.1 NEITHER ZAYO NOR THE COUNTY SHALL BE LIABLE FOR SPECIAL
<br />OR PUNITIVE DAMAGES OF ANY KIND UNDER ANY CIRCUMSTANCE
<br />WHATSOEVER. IN ADDITION, NOTWITHSTANDING ANY PROVISION OF THIS
<br />AGREEMENT TO THE CONTRARY, NEITHER ZAYO OR ITS AFFILIATES SHALL BE
<br />LIABLE NOR RESPONSIBLE TO COUNTY OR ITS AFFILIATES OR CUSTOMERS FOR
<br />ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL COSTS, LIABILITIES OR
<br />DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING WITHOUT LIMITATION
<br />AS APPLICABLE, ECONOMIC LOSS OR LOST BUSINESS OR PROFITS, DAMAGES
<br />ARISING FROM THE USE OR PERFORMANCE OF THE ZAYO SYSTEM, THE COUNTY
<br />DARK FIBERS, EQUIPMENT OR SOFTWARE OR DAMAGE TO OR LOSS OF USE
<br />THEREOF, ANY INTERRUPTION OF SERVICE, OR ANY DELAY, ERROR OR LOSS OF
<br />DATA OR INFORMATION ARISING IN ANY MANNER OUT OF, OR IN CONNECTION
<br />WITH, THIS AGREEMENT AND ZAYO'S PERFORMANCE OR NONPERFORMANCE OF
<br />ITS OBLIGATIONS UNDER THIS. AGREEMENT, REGARDLESS OF THE FORM OF
<br />'ACTION, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY), ALL
<br />CLAIMS FOR WHICH ARE HEREBY SPECIFICALLY WANED.
<br />14.2 Claims Limitations. The Parties expressly agree that no' claim for losses or
<br />damages whatsoever in connection with this Agreement shall be made more than two (2) years
<br />after the date that the event giving rise to such claim is known or reasonably should have been
<br />known to the Party making. such claim, and no claim for indemnity under the provisions of
<br />Section 13 shall be made more than two (2) years after the first notice of any claim received by
<br />the Party claiming under such indemnity provision.
<br />14.3 Maximum Liability. Notwithstanding any provision of this Agreement to the
<br />contrary, until the Acceptance Date of the Initial Service Order, the maximum liability of County
<br />or Zayo in connection with this Agreement shall be Iimited, in the aggregate, to the IRU Charge
<br />due from County hereunder; provided, however, that this Iimitation of maximum liability shall
<br />not apply to damages arising from the willful misconduct of County or ZAYO; and provided
<br />further, that this limitation shall not restrict either Party's right to proceed for injunctive relief.
<br />After the Acceptance Date of the Initial Service Order, the maximum liability of County or Zayo
<br />in connection with this Agreement shall be limited, in the aggregate, to Fifty Thousand Dollars
<br />($50,000); provided, however, that this limitation of maximum liability shall not apply to
<br />damages arising from the willful misconduct of County or ZAYO; and provided further, that this
<br />limitation shall not restrict either Party's right to proceed for injunctive relief.
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<br />Anoka County Master Fiber 1RU 8.14.10
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