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Agenda - Council - 02/10/2015
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Agenda - Council - 02/10/2015
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3/17/2025 3:59:46 PM
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5/14/2015 2:43:51 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
02/10/2015
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"Route Miles" shall mean, with respect to each Service Order, the number of linear route <br />miles (to the nearest thousandth of a mile) as constructed. <br />"Routine Maintenance" is defined in Section 10.1(a). <br />"Segment" shall -mean one of the discrete segments, spans or portions of a Ring, Lateral <br />Connection, or any portion of the Zayo System, as generally identified in each individual Service <br />Order, as applicable. <br />"Service Affecting Condition" shall mean any damage to or failure of the ZAYO System <br />that interrupts County's ability to transmit light through the County Dark Fibers. A Service <br />Affecting Condition begins when ZAYO is notified or becomes aware of an interruption, <br />whichever first occurs. A Service Affecting Condition continues until the interrupted County <br />Dark Fibers are restored to the specifications attached hereto as Exhibit E, and are again <br />available to County. <br />"Service Order" is defined in Section 3.1. <br />"Service Term" is defined in Section 5.2. <br />"System Route"/ shall mean actual route of the ZAYO System as generally identified in <br />each individual Service Order. <br />"Term" is defined in Section 5.1. <br />"Termination Charge" shall mean one hundred percent (100%) of the IRU Charges <br />remaining for the then applicable Term, plus any and all installation charges, reasonable <br />construction costs or other charges or costs which have been incurred by Zayo in. providing <br />Customer with County Dark Fibers. <br />"Underlying Rights" shall mean all deeds, IRUs, easements, rights-of-way agreements, <br />licenses, franchises, grants, contracts and other rights, titles and. interests to use real property of <br />any third Person, which are necessary for the construction, placement, location, installation, <br />operation, use, TRU, rental, maintenance, repair or replacement by ZAYO or County, as the case <br />may be, of the ZAYO System, Ducts, County Equipment, Cable,or County Dark Fibers. <br />"ZAYO System" shall mean any combination of an integrated multi -Cable, multi -ring <br />fiber optic communication system comprised of Cable and Ducts, Lateral Connections, and the <br />Manholes and Handholes located therein. As used in this Agreement, the term "ZAYO System" <br />refers only to the multi -Cable, multi -ring fiber optic communication system owned, IRU -ed or <br />controlled by ZAYO and does not include any communications equipment, electronics, optronics <br />or other facilities of ZAYO or any other Person located within the ZAYO System. <br />2. Grant of Rights in the ZAYO System <br />2.1 Grant Award; Conditions. Zayo has applied for and received an NTIA grant <br />("Grant"). The Grant will be used in part to construct and install fiber optic facilities and <br />6 <br />Anoka County Master Fiber IRU 8.14.10 <br />
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