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22. Should additional language be included for waiver of subrogation? No, the mutual indemnification language included in the agreement eliminates the need for any waiver of subrogation. 23. What is the point of demarcation contemplated in the Agreement? It is clear in the Agreement that the Entity is responsible for interconnection and wiring beyond the point of demarcation. Does this mean that the Entity will be required to wire to individual sites within the co- location service site? Yes, the Entity is responsible for wiring within each co- location site. This wiring is likely the entity's existing network. See Exhibit H for definition of demarcation point. 24. What exactly will the Entity be paying for? Does the agreement contemplate the use of dark fiber, or any additional cost to add capacity in the future? The entity is paying for connectivity which includes transport and ethernet service. The Entity will only pay if the connectivity service is used. The dark fiber will be installed with the network, but additional equipment will be required to utilize it. No specific use of the dark fiber is included in the agreement. 25. The Agreement states that the Entity will work with the County to manage bandwidth, but what does that mean? If there are capacity issues, all the entities will need to work together to resolve them to the mutual benefit of the parties. We will also be working to monitor bandwidth utilization to identify potential problems before they impact the service. 26. Have the insurance issues been resolved so that the requirements coincide with what is currently provided through the League of Minnesota Cities? We have made edits to the insurance language with input from the cities. Kurt Glaser, Lexington City Attorney, requested an opinion from the League of Minnesota Cities, which was received on March 2, 2011. Additional edits were made to the insurance requirements in order to comply with this opinion. 27. What are the space and environmental requirements for the Zayo Equipment? Ideally there would be rack space (19'X72" standard steel or aluminum telecom relay rack) available for the switch of 8u or about 12 inches, with sufficient space to access the equipment for repairs, maintenance and upgrades. The space should also be convenient to the entity's demarcation point. To maintain maximum uptime, it would be best to meet the specified requirements for space and environmental conditions. However, if all specifications cannot be met, the County and Zayo will work with the entity to determine an acceptable equipment location. See #21. 28. Why isn't Zayo a party to the Connectivity Services agreement? Some attorneys have suggested that ZAYO should be a party to this agreement. The County's agreement with ZAYO provides that the County must secure the various co- location sites, whether the properties are County owned or owned by another governmental or quasi - governmental agency. ZAYO has expressed disinterest in directly contracting with the various entities. 29. Who is responsible if Zayo damages equipment or systems belonging to a third party that are at the co- location site during installation? March7,2011 4