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This agreement does not confer any third party benefits to anyone. The agreement is between the County and the Entity, with Zayo subordinate to the County. If the entity is concerned that Zayo will not use due care regarding a third party's equipment located at the co- location site, then the Entity should limit ZAYO's access to third party property. 30. We are not clear on the meaning of certain terms, such as Demarcation Point, Fiber Optic Network, Ducts, Network Availability, Transport Services, Ethernet Services, etc. Are these terms defined anywhere? Many of these terms are defined in the Master Service Agreement and Indefeasible Right of Use Agreement executed between the County and Zayo on August 17, 2010. A copy of these two agreements will be attached to the Connectivity Services Agreement for reference as informational exhibits. Additionally, some of these terms are "terms of art" in the broadband and Information Technology industry, and are used here in standard industry usage. 31. Why doesn't the Entity gain ownership rights in the equipment if the city is required to pay a pro -rata share for repairs and /or replacement after the warranty period expires on August 16, 2017? The initial equipment is paid for by the grant, at no cost to the Entity. Contrast this with more typical agreements, where the Entity pays a much larger monthly fee to a provider for both the service and the equipment. If, after 2017, equipment is replaced completely the situation may change. Options for total replacement at that time, if necessary, may include replacement with Zayo Equipment, Entity Equipment or County Equipment, 32. May the entity, in particular a city, charge building permit fees, franchises, etc. to Zayo outside of the co- location site? Pursuant to Paragraphs II.C. and III.B., Entities retain franchising authority, and may issue building permits, franchise fees as allowed by Minnesota statutes. The entity may not charge these fees for the co- location site itself (for example, the entity may not charge fees for underlying rights needed to place equipment in City Hall, or a fire station which are the designated co- location sites described in Exhibit A.) 33. Will Zayo or Anoka County be providing cable services in competition with Comcast or other private cable carriers through this agreement? No. Anoka County will not be a cable provider. Providing cable TV services is not consistent with Anoka County's mission statement. The County's fibers may only be used for governmental and quasi - governmental purposes. Zayo is not a cable provider, nor does it offer triple- play services (telephone /voice, data /internet, and cable /video). While no one can predict the future, a more likely scenario is that private carriers will contract with Zayo to use Zayo's fibers to provide services to private customers throughout the county. 34. Where can I get more information on the project? By phone: 763- 422 -7537 (Carrie Johnson) By e-mail: ConnectAnokaCounty(a co.anoka.mn.us By mail: Connect Anoka County, Attn: Information Technology 2100 3rd Avenue, Suite 300 Anoka, MN 55303 March 7, 2011 5