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

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"Duct" shall mean a single, enclosed HDPE tube and space within that tube, including any innerducts, used to enclose and carry Cable. "Estimated Route Miles" shall mean the Parties' best estimate of total linear miles for the County Route, as set forth in a Service Order. "Events of Force Majeure" .is defined in Section 21.1. "Facility Owner" shall mean any entity (other than ZAYO): (a) owning any portion of the ZAYO System or any property or security interest therein, or (b) leasing to ZAYO, or providing an indefeasible right of use ("1RU") or similar interest to ZAYO in, any portion of the ZAYO System. "Fiber Acceptance Testing" is defined in Section 7.1. "Fiber Miles" means the number of fiber optic strands in the County Route or the System Route, as the case may be, multiplied by the total number of miles in such route. "Governmental Authorities" shall mean any federal, state, or local (which includes city, county, municipal and regional) government, or tribal government or any public or quasi -public authority. "Grant" is defined in Section 2.1. "Handhole" shall mean a structure similar in function to a Manhole, but which is too small for personnel to enter. As used in this Agreement, the term "Handhole" refers only to handhole structures owned by ZAYO and located on the System Route and does not include Cable or other telecommunications equipment or facilities of ZAYO or any other Person located within such handhole structures. "Impositions" shall mean all taxes, fees, assessments, franchise fees .or charges, license fees or charges, right-of-way fees or charges, encroachment fees or charges, ad valorem taxes, real or personal property taxes, gross receipts taxes, universal service fund assessments, excise taxes, regulatory fees or assessments, license or permit fees, and any other levies, imposts, duties, charges, surcharges or withholdings of any nature, together with any penalties, fines or interest thereon, arising out of the transactions contemplated by this Agreement or imposed, assessed or levied upon the ZAYO System, or any part thereof, or upon the County Dark Fibers, the County Equipment or any other property or facilities of County, or any part thereof, by any Governmental Authority "Initial Service Order" is defined in Section 4.1. "Initial Term" is defined in Section 5.1. "Interest Rate" shall mean the lower of (i) the highest rate permitted by law, or (ii) one and one-half percent .(l.S%) per month, compounded monthly. 4- Anoka County Master Fiber TRU 8.14.10