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VII. INDEMNIFICATION <br />To the extent permitted by law, each party shall indemnify, defend and hold <br />harmless the other party, it's commissioners, council members, school board members, <br />superintendents, directors, officers, employees and agents, successors and assigns, <br />from all damages, costs, expenses and liabilities, including reasonable attorney's fees <br />and disbursements, sustained in any action commenced by any third party in <br />connection with the indemnifying party's performance of its obligations and duties under <br />this Agreement except those damages, costs, expenses, and liabilities arising from the <br />negligence or willful misconduct of the other party. The indemnified party shall promptly <br />notify the other party in writing of any such law suit or claim. <br />Under no circumstances shall a party be required to pay on behalf of itself and <br />other parties, any amounts in excess of the limits on liability established in Minnesota <br />Statutes, Chapter 466, or any similar statutory limits on tort liability. <br />VIII. INSURANCE <br />During the Initial Term, and during each renewal term, each party shall obtain <br />and maintain not Tess than the insurance set forth in Attachment C. <br />IX. LIABILITY AND LIMITATIONS OF LIABILITY <br />A. Entity shall be liable for any Toss of or damage to the ZAYO Equipment at <br />the co- location site caused by Entity's negligence, intentional acts, willful misconduct or <br />unauthorized maintenance subject to statutory limits. Entity shall reimburse Anoka <br />County on behalf of ZAYO for the reasonable cost of repair of the ZAYO Equipment, or <br />the replacement thereof, within thirty (30) days after receipt by Entity of a written <br />request for reimbursement. <br />9 <br />1 March 28, 2011 Final <br />