03/28/2011 Council Packet - Laserfiche WebLink

Home Search

Page 2 of 4 be equal to or better than 99.99% (no more than 52.56 minutes of ZAYO System downtime per customer per year or 4.38 minutes of customer down time per month) as measured on per site, monthly basis. The ZAYO System shall be defined as `unavailable' for any given Community Anchor Institution/Co- location Site subscribing to Connectivity Services when such site: 1. Cannot, because of a ZAYO System problem, measured by ZAYO's monitoring software and Equipment or other appropriate software and associated hardware, or through a failure of a ZAYO System interconnect, transmit or receive video, voice and /or data communications to, from, and/or on the ZAYO System, for which such Entity is paying a fee to Anoka County or ZAYO. Such ZAYO System problems shall include, but not necessarily be limited to, a failure of one or more of the following: 1) the fiber optic cabling, connections and transmission equipment on the ZAYO System; 2) the optical -to- electrical or optical -to- optical conversion equipment at a Co- location Site (where such Equipment is provided by Anoka County or ZAYO); 3) any necessary ZAYO System powering systems and Equipment, with the exception of the Entity's premises equipment, which shall be powered by the Entity; and/or 4) any other ZAYO - provided System component; and/or, 2. Experiences, due to a ZAYO System problem, a data communications packet loss of greater than one (1) percent. For purposes of this availability standard, ZAYO System problems shall not be defined as: infrequent scheduled preventive maintenance as long as the Entity is notified well in advance in accordance with this Agreement. Except as otherwise provided for herein, ZAYO System availability is subject to the Force Majeure provisions of this Agreement and those conditions which are not within the control of Anoka County or ZAYO. Anoka County and ZAYO shall comply with the requirements of "Demand Maintenance /Service and Repair," set forth below, to restore Connectivity Service following any of these occurrences. Anoka County and ZAYO shall give the Entity prompt notice in the event of any of the foregoing occurrences. IV. Service Response A. Network Maintenance — Anoka County and ZAYO shall be responsible for the ongoing maintenance and performance of the ZAYO System from the ZAYO side of the Demarcation Point within a Co- location Site in a Community Anchor Institution throughout the ZAYO System. The Demarcation Point shall be that point within a Co- location Site, designated by the Entity consistent with this Agreement, where the ZAYO System connects to internal wiring and/or equipment in a Community Anchor Institution's Co- location Site. Routine and P38 • • •