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

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To the extent consistent with the foregoing and subject to public discIosure laws applicable to County, Confidential Information includes information that (i) concerns the operations, facilities, plans, affairs and businesses of a Party, the financial affairs of a Party, and the relations of a Party with its customers, employees and service providers, or (ii) is marked confidential, restricted, proprietary or with a similar designation or (iii) is by its nature clearly recognizable as confidential inforrnation to a reasonably prudent person with knowledge of the Disclosing Party's business .and industry. Confidential Information also includes any information which a Party obtains from a third Person which such Person treats' as proprietary or designates as confidential information, whether or not owned or developed by such Person. "Construction Services" is defined in Section 9. "Contribution" is defined in Section 4.1. "Costs" shall mean all actual costs paid or payable by ZAYO in accordance with the established accounting procedures generally used by ZAYO, which ZAYO utilizes in billing third parties for reimbursable projects, including the following: (i) internal labor costs (including wages, salaries and benefits) and reasonable overhead allocable to such labor costs, such overhead costs not to exceed to fifteen percent (15%), and (ii) all other costs and expenses paid or payable on a pass-through basis (e.g., equipment, materials, supplies, contract services, etc.). "County Dark Fibers" is defined in Section 2.2. "County Equipment" shall mean any optronic, electronic, optical, or power equipment, County Media and any other facilities, material or equipment owned, possessed or utilized by County, or any other Person in connection with the operation of the County Dark Fibers. "County Maintenance Fee" is defined in Section 4.5. "County Media" shall mean County's fiber optic cable, fiber optic strands 'or any other transmission media owned, IRU -ed or controlled by County on the Premises Side, of the Demarcation Point. "County Route" is the route of the County Dark Fibers particularly described or depicted or in a Service Order along which the County Dark Fibers are or will be Iocated. "Dark Fiber IRU" or "IRU" is defined in Section 2.2. "Demarcation Point" shall mean a boundary point at the splice point or patch point . located at the end of the County Dark Fibers where County Media is joined to the County Dark Fibers. The side of the Demarcation Point where the ZAYO System including the County Dark Fibers, is located shall be called the "Network Side." The other side of the Demarcation Point shall be called the "Premises Side." "Disconnect,Notice" shall mean a written notice from ZAYO to County notifying County of the date on or after which ZAYO may disconnect County's Dark Fiber. "Dollars" or "$" shall mean U.S. Dollars. 3 Anoka County Master Fiber 11W 8.14.10