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

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coverage. 15.3 Deductible / Self Insured Retentions. All proof of insurance shall clearly set forth deductible or self insured retentions. Each Party shall be responsible for its deductible and/or self insured retentions. 16. Taxes, Fees and Other Governmental Impositions 16.1 - INTENTIONALLY DELETED. 16.2 Impositions. After the Acceptance Date of County Dark Fibers contained in the Initial Service Order and to the extent applicable, County shall be responsible for and shall promptly reimburse ZAYO for County's proportionate share of all Impositions that are not ' separately assessed, allocated, levied or imposed on the ZAYO System, the County Dark Fibers, the County Equipment or other property or facilities of County. County's proportionate share of Impositions shall be determined by multiplying the Impositions of all Governmental Authorities having jurisdiction over the ZAYO System that includes the County Route by the ratio to which the number of Fiber Miles of County Dark Fibers in the County Route bears to the total number of Fiber Miles of the ZAYO System within the jurisdictions) of the Governmental Authorities assessing the Impositions. To the extent such Impositions are not separately assessed, allocated, levied or imposed, ZAYO will pay all such Impositions. ZAYO shall notify County of such Impositions and County's proportionate share of the Impositions, and County shall promptly reimburse ZAYO for County's proportionate share of the Impositions. 16.3 County' Impositions. In addition to the Impositions described in Section 16.2, after the Acceptance Date of County Dark Fibers contained in -the Initial Service Order and to the extent applicable, County shall be responsible for and shall pay or promptly reimburse ZAYO for all Impositions that have been separately assessed, allocated to or levied or imposed on: (a) the County Dark Fibers, (b) County's IRU or use of the County Dark Fibers, including the provision of services over the County Dark Fibers, (c) County's use of any other part of the ZAYO System, (d) County's ownership or use of County Equipment or any other property or facilities connected to the County Dark Fibers, or (e) the provision or sale to County of maintenance, collocation, or other ZAYO services provided pursuant to this Agreement; provided however, County shall not be responsible for any Impositions imposed on or based upon the income, capital, or net worth of ZAYO. 16.4 ZAYO Right to Contest Impositions. ZAYO shall have the right to contest by appropriate proceedings any Imposition (including by nonpayment of such Imposition). The out-of-pocket costs and expenses (including reasonable attorneys' fees) incurred by ZAYO in any such contest shall be shared by ZAYO and County in the same proportion as to which the Parties would have shared in such Impositions as they were assessed. Any refunds or credits resulting from a contest brought pursuant to this Section 16.4 shall be divided between ZAYO and County in the same proportion as separately determined or as originally assessed. In any such event, ZAYO shall provide timely notice of such challenge to County. County agrees to cooperate with ZAYO in any such contest. 16.5 Cooperation in Preparation. ZAYO and County agree to cooperate fully in the preparation of any returns or reports relating to the Impositions. ZAYO and County further 19 Anoka County Master Fiber TRU 8.14.10