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has a total bandwidth of 10gbps on the core ring and 1gbps on distribution rings and <br />distribution laterals. This total capacity is shared among other Community Anchor <br />Institutions which are part of this project. Entity agrees to work with Anoka County to <br />manage bandwidth and equitably resolve capacity issues on the network. <br />B. Dark fibers will be installed at each co -location service site as indicated in <br />Attachment A. These dark fibers will be terminated at the site and are reserved for <br />future use. This agreement neither contemplates nor conveys to Entity present or future <br />rights to the use of the dark fiber. Any future use will be by a separate agreement and <br />at an additional cost. <br />C. Entity may use the network only to provide service to itself, and agencies <br />and departments of the Entity in keeping with the Permitted Uses of this Agreement. <br />D. Transport Availability: The transport services being provided will meet or <br />exceed 99.999% network availability for protected optical service, 99.99% for protected <br />TDM based services such as DS3s and DS1s and 99.9% for unprotected services as <br />measured on a monthly basis. If Network Availability is below the percentage above in <br />two out of the three preceding calendar months not due to an Excused Outage, the <br />same shall constitute an event of default hereunder. <br />E. Ethernet Availability: The Ethernet Services being provided will meet or <br />exceed 99.9% network availability for unprotected service and 99.95% for protected <br />service as measured on a monthly basis. If Network Availability is below 99.9% for <br />unprotected circuits and 99.95% for protected. circuits in two out of the three preceding <br />calendar months not due to an Excused Outage, the same shall constitute an event of <br />default hereunder. <br />F. Mean Time To Repair (MTTR): ZAYO's MTTR will be four hours for <br />protected services and eight hours for unprotectedservices as measured on a monthly <br />basis for outages of the services provided or any part of the services provided; for <br />example an individual DS3 or group of DS3s. 1f.ZAYO's MTTR for all protected services <br />is greater than four hours in two out of the three preceding months not due to a Force <br />7 <br />Final Agreement as April 4, 2011 <br />