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

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under the MSA until such IRU Charge(s) and other amounts have been paid to ZAYO together with an interest penalty of one and one-half percent (1.5%) per month, compounded monthly; (ii) immediately terminate the MSA with respect to the Segiuent(s) for which such part of the IRU Charge or other amount(s) relate; (iii) apply any and all amounts held by ZAYO for County toward the payment of amounts then or thereafter payable by County hereunder; or (iv) issue a Disconnect Notice to County. In the event such Disconnect Notice is issued and County does not cure such default by immediately paying all past due IRU Charges such that County's account is considered current by ZAYO, then ZAYO may disconnect the County Dark Fiber under the applicable Service Order without further notice to County and without liability to ZAYO. At the time of such disconnection (1) the applicable Service -Order shall be considered terminated; (2) all past due IRU Charges shall be immediately due and payable, together with an interest penalty of one and one-half percent (1.5%) per month, compounded monthly; (3) all IRU Charges for the remainder of the Service Term of the applicable Service Order shall immediately become due and payable; and (4) ZAYO shall provide notice to County of the Termination Charge incurred by ZAYO and such Termination Charge shall be immediately due and payable by County to ZAYO. Such disconnection shall not terminate or limit in any way ZAYO's other rights and remedies available to ZAYO under this Agreement or at law or in equity, in its sole discretion. (b) In the event of any other default hereunder, the non -defaulting Party may pursue any remedies it may have under applicable law or principles of equity, including specific performance and terminate this. Agreement, by giving the defaulting Party written notice of termination. 20. Termination 20.1 Service Order Expiration. Upon the expiration of the Service Term of any Service Order, the Dark Fiber IRU with respect to County Dark Fibers in each such Service Order shall immediately terminate, all rights of County to use the County Dark Fibers within such Service Order shall cease, all rights to the use of the County Route and the County Dark Fibers shall revert to ZAYO, and ZAYO shall owe County no further duties, obligations or consideration. 20.2 Removal of County Equipment, County shall, within thirty (30) days of such termination, remove all County Equipment and County Media used in connection with the County Dark Fibers, if any. County shall accomplish such removal at County's sole expense, under ZAYO's supervision and in a manner that does not damage the ZAYO System. County shall be responsible for and shall indemnify ZAYO from and against any damage, loss, cost or expense caused by such removal. If County fails to remove its property within such period, the property shall be deemed abandoned and ZAYO may dispose of the same in any manner it deems reasonably appropriate, at County's expense. 20.3 Rights and Obligations After Termination. Termination or expiration of this Agreement or any Service Order shall not affect the rights or.obligations of either Party that have arisen before the date of such termination or expiration. Each Party's indemnification and confidentiality obligations shall survive termination or expiration of this Agreement. 21. Force Maleure 23 Anoka County Master Fiber 1RU 8.14.10