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XV. DEFAULT AND REMEDY <br />A. Default by Entity: Entity is in default of the agreement if Entity: <br />1) is more than 15 days past due in paying for services as agreed in <br />this Agreement, or any invoice pursuant to its terms, excluding those amounts which <br />Entity has notified Anoka County as reasonably being in dispute; or <br />2) materially fails to observe or perform any non -monetary obligation <br />or covenant hereunder; or <br />3) files or initiates proceedings or has proceedings filed or initiated <br />against it, seeking liquidation, reorganization or other relief(such as the appointment of <br />a trustee, receiver, liquidator, custodian or such other official) under any bankruptcy, <br />insolvency or similar law; or <br />4) violates the permitted uses. <br />In the event of default by Entity, notification of Default shall be sent to the <br />address provided below in Section XVI. Entity shall have five days to cure a monetary <br />breach, or thirty days to cure a non -monetary breach. If the Default remains uncured, <br />Anoka County may suspend services until Entity remedies the Default,terminate or <br />suspend services under this agreement and/or the applicable services being provided <br />under the service order. <br />If Anoka County terminates this Agreement pursuant to this article of the <br />Agreement, Anoka County shall have the right to seek full payment for amounts due for <br />services rendered prior to the date of. termination. <br />B. Anoka County shall be in default under this Agreement if it: <br />1) fails to arrange for ZAYO to provide the services in accordance with the <br />Service Order (see Exhibit E) or otherwise fails to cure any breach of the Agreement <br />after receiving written notice of default from Entity; or <br />2) defaults on its agreement with ZAYO and does not cure said default <br />within five days for .a monetary breach or thirty days of a non -monetary breach of that <br />agreement: or <br />3) fails to notify Entity of default by ZAYO within five days of said Default, <br />or fails to notify Entity that ZAYO has alleged that Anoka County is in Default, within five <br />days of receipt of notification from ZAYO. <br />12 <br />Final Agreement as April 4, 2011 <br />