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occasioned by a Force Majeure Event. Anoka County's liability for any and all causes <br />and claims whether based in contract, warranty, negligence or otherwise shall in no <br />event exceed: 1) an amount equivalent to the proportionate charge by Anoka County to <br />Entity for the period of service affected, or 2) if applicable, the replacement value of any <br />Entity equipment which is lost or damaged as a result of Anoka County's gross <br />negligence or willful misconduct. <br />D. ANOKA COUNTY NEITHER ASSUMES NOR MAKES ANY WARRANTY, <br />EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AS TO THE DESCRIPTION, <br />QUALITY, MERCHANTIBILITY, COMPLETENESS OR FITNESS FOR ANY <br />PARTICULAR PURPOSE OR USE OF THE SERVICE, LOCAL ACCESS OR ANY <br />OTHER MATTER, EXCEPT AS SET FORTH IN THIS AGREEMENT. SUCH <br />WARRANTIES ARE HEREBY EXCLUDED AND DISCLAIMED. <br />X. FORCE MAJEURE <br />Neither party individually and Anoka County on behalf of ZAYO shall be liable for <br />any failure of performance hereunder due to causes beyond its reasonable control <br />including, but not limited to acts of God, fire, explosion, vandalism, cable cut, flood, <br />storm, or other similar catastrophe, any law, order, regulation, direction, action or <br />request of the government., or any department, agency, commission, court, or bureau of <br />a government, or any civil or military authority, national emergency, insurrection, riot, <br />war, strike, lockout, or work stoppage (each a "Force Majeure event"). The party <br />claiming relief under this section shall notify the other party of the occurrence or <br />existence of the Force Majeure event and of the termination of such event. In the event <br />Anoka County through ZAYO is unable to deliver services as a result of a Force <br />Majeure event which precludes ZAYO from performing, the other party shall not be <br />obligated to pay for the services so affected for as long as ZAYO is unable to deliver the <br />Services. <br />XL COMPLIANCE WITH LAWS <br />In providing all services pursuant to this Agreement, the parties shall abide by all <br />statutes, ordinances, rules and regulations pertaining to or regulating the provision of <br />10 <br />Final Agreement as April 4, 2011 <br />