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deployment and availability of advanced and reliable telecommunications capabilities in <br />Anoka County and and access to such capabilities at affordable rates. <br />NOW, THEREFORE, the parties hereto agree as follows: <br />1. DEFINITIONS <br />The parties agree to the following definitions for terms used in this Agreement: <br />a) Community Anchor Institutions: quasi -government, government, <br />educational and public safety institutions. <br />b) Co -location service sites: designated physical sites located in <br />various Community Anchor Institutions located in and around Anoka County. (See <br />Attachment A.) <br />c) ZAYO System: an integrated multi -cable, multi -ring fiber optic <br />communication system comprised of cables and ducts, lateral connections, and the <br />manholes and handholds locates therein, and related equipment required to provide <br />Connectivity Services as provided through the NTIA grant. <br />d) Connectivity Services: As described in Article V. <br />e) Underlying Rights: all deeds, IRUs, (exclusive or non-exclusive) <br />easements, licenses, grants, contracts and other rights, titles and interests- to use real <br />property of any third person, which are reasonably necessary for the construction, <br />placement, location, installation, operation, use, IRU, rental, maintenance, repair or <br />replacement by ZAYO or Anoka County, as the case may be, of the ZAYO System, <br />Ducts, County Equipment, Cable or County Dark Fibers to the co -location sites. (See <br />specific identified rights for this Community Anchor institution in attachment I). <br />f) IRU: Indefeasible Right of Use. <br />g) Equipment: electronics, optronics, and other devices as necessary <br />to deliver the Connectivity Services. <br />h) Permitted use: Connectivity services shall only be used by <br />Community Anchor Institutions for quasi -governmental,_ governmental, educational or <br />public safety purposes and shall not be used to directly or indirectly compete with ZAYO <br />in the commercial markets. <br />i) ZAYO Staff: Employees, consultants, and other sub -contractors <br />working under the direction of ZAYO to install and support the ZAYO System. <br />2 <br />Final Agreement as April 4, 2011 <br />