07-27-2015 Council Packet - Laserfiche WebLink

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Anoka County Contract No. C0000603A AMENDMENT NO. 1 TO Connectivity Services Agreement With Community Anchor Institution(s) For Broadband Services At Co -Location Service Site(s) THIS AMENDMENT is made this 16th day of August, 2015, the date of the signature of the parties notwithstanding, by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "County," and the City of Lino Lakes, hereinafter referred to as the "Entity." WITNESSETH: WHEREAS, the County wishes to amend its Agreement with the Entity for Connectivity Services on the ConnectAnokaCounty Network dated December 7, 2011; and WHEREAS, Paragraph XII. MODIFICATIONS of said Agreement provides that any material alterations, modifications or variations of the terms of this Agreement shall be valid and enforceable only when they have been reduced to writing as an amendment and signed by the parties. NOW, THEREFORE, in consideration of the mutual covenants hereinafter stated or contained in the Agreement, the parties do hereby agree as follows: 1. The parties agree to change Paragraph VI. TERM, as follows: A. This Agreement will be for a period commencing on the date of signing by both parties, and continuing until August 16, 2015 (Initial Term), with up to a total of three (3) renewal periods of additional five (5) years terms (Renewal Terms) upon written amendment. Both parties shall provide written notice of intent to renew this agreement not less than one hundred eighty days (180) before the end of the Initial Term or Renewal Term. For purposes of this agreement, written notices shall be sent to the addresses of each of the Parties as indicated above. Upon the termination or expiration of this Agreement, Anoka County shall have no further obligation to provide Services and no further liability to Entity. Upon termination or expiration of this agreement, ZAYO shall be provided a reasonable opportunity to retrieve its equipment from the co -location service site(s). At the request of the entity, ZAYO will remove equipment from individual terminated co -location sites within a mutually agreed time not to exceed 180 days. Upon termination of Entity's connectivity service from a co -location site, without terminating this entire agreement, ZAYO, at the request of the entity, shall remove its equipment from said co -location