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Agenda - Council - 02/10/2015
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Agenda - Council - 02/10/2015
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3/17/2025 3:59:46 PM
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5/14/2015 2:43:51 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
02/10/2015
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this Agreement except those damages, costs, expenses, and liabilities arising from the <br />negligence or willful misconduct of the other party. The indemnified party shall promptly <br />notify the other party in writing of any such law suit or claim. <br />Under no circumstances shall a party be required to pay on behalf of itself and <br />other parties, any amounts in excess of the limits on liability established in Minnesota <br />Statutes, Chapter 466, or any similar statutory limits on tort liability. <br />VIII. INSURANCE <br />During the Initial Term, and during each renewal term, each party shall obtain <br />and maintain not less than the insurance set forth in Attachment C. <br />IX. LIABILITY AND LIMITATIONS OF LIABILITY <br />A. Entity shall be liable for any loss of or damage to the ZAYO Equipment at <br />the co -location site caused by Entity's negligence, intentional acts, willful misconduct or <br />unauthorized maintenance subject to statutory limits. Entity shall reimburse Anoka <br />County on behalf of ZAYO for the reasonable cost of repair of the ZAYO Equipment, or <br />the replacement thereof, within thirty (30) days after receipt by Entity of a written <br />request for reimbursement. <br />B. Anoka County shall be liable for any loss of or damage to Entity's <br />equipment caused by Anoka County or ZAYO's negligence, intentional act, willful <br />misconduct or unauthorized maintenance. Anoka County shall reimburse Entity for the <br />reasonable cost of repair of the equipment, or the replacement thereof, within thirty (30) <br />days after a written request for reimbursement and ZAYO has reimbursed Anoka <br />County for the loss or damage pursuant to Anoka County's Agreement with ZAYO. <br />Anoka will make reasonable effort to pursue reimbursement on the Entity's behalf. <br />C. Anoka County shall not be liable for delays in installation, commencement <br />or restoration of the service; for any temporary or permanent cessation of service; for <br />errors, malfunctions, delays or defects in transmission of the service; for loss or damage <br />9 <br />Final Agreement as April 4, 2011 <br />
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