Agenda - Council - 02/10/2015 - Laserfiche WebLink

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liable for protection of County's network, transmission facilities or equipment Thorn unauthorized access, or for any unauthorized access to or alteration, theft or destruction of County's data files, programs, procedure, information or other network elements or content through fraudulent means or devices. Zayo shall have the right, but not the obligation, to immediately deactivate County's services in the event`Zayo reasonably believes such .service is the subject of theft or fraud. 19. SERVICE LEVEL REQUIREMENTS . 19.1. Transport Availability. The.,t_tansport Service(s) being provided will meet or exceed 99.999% network availability for protected optical service, 99.99% for protected TDM based services such as DS3s and DS1s, and 99.9% for unprotected services as measured on a monthly basis. If Network Availability is below the percentage above in two (2) out of the three (3) preceding calendar months not duo .to an Excused Outage, the same shall constitute an event of default hereunder. 19.2 Ethernet Availability. The ethernet Service(s) being provided will meet or exceed 99.9% network availability for unprotected service and 99.95% for protected service as measured do a monthly basis. If Network Availability is below 99.9% for unprotected circuits and 99.95% fol• protected circuits in two (2) out of the three' (3) preceding calendar months . not due to an Excused Outage, the same shall Constitute an event of default hereunder. • 19:3 Mean Time To Repair. ` Zayo's Mean Time To Repair (MTTR) will be'four (4) hours for protected services and eight (8) hours for unprotected, services as . measured on a Rev. 9/1/09 monthly basis for Outages of the Services provided or any part of the Services provided; for example an individual DS3 or group of DS3s. If Zayo's MITER for all protected Services is greater_ than four (4) hours in two (2) out of the three (3) preceding months not due to a Force Majeure Event; such occurrence shall constitute an Event of Default on the part of Zayo for.the affected circuit. 20. AUDIT, DISCLOSURE AND RETENTION OF RECORDS 20.1 Zayo agrees to make available to duly authorized representatives of the County .and of the -State of Minnesota, for. ... the purpose of audit examination pursuant to Minri. Stat. 1613,06, ' any books, documents, papers, and records of Zayo that are ..... pertinent to Zayo's provision of Services under this Agreement. Zayo further agrees to maintain all such required records for three (3) years after receipt of final payment and the closing of all other related matters 21. COUNTERPARTS/ FACSIMILE SIGNATURES Acceptance of this Agreement is contingent upon acceptance. by a representative of Zayo duly authorized to execute this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but.all .of which together shad. constitute one and the same instrument. • . This Agreement may. be. delivered by facsimile transmission and facsimile signatures shall be treated as original signatures for all applicable purposes. Page 6of19.