Laserfiche WebLink
Operating and Maintenance Expenses: Guard and Protect (staff on site to manage the cable <br />while other utility work is performed in the area), cable repairs due to adjacent utility work <br />or animal damage, broken strand or attenuation repairs, splice case maintenance. <br />Emergency plidM Any unplanned maintenance or repair of the fiber optic facilities <br />caused by an unanticipated network outage. <br />Indefeasible Right of Use ("IRU"): is an exclusive and irrevocable right to use certain Dark <br />Fibers in the Fiber Optic Cable ("Capacity"), subject to the terms and conditions of this <br />Agreement. <br />Gopher State One Call ("GSOC") Expenses: Utility operator registration fees required as <br />part of the Excavation Notice System, pursuant to Minnesota Statutes Chapter 216D, <br />commonly referred to as the "Call 811 Before You Dig" program, that requires all <br />excavators to submit requests for utility locates prior to any excavation/digging project. <br />3. Fiber Optic Cable Ownership and Use. Per this Agreement; <br />A. Arvig will provide to the City, fiber strands 1-24 (24 strands total) within the Arvig <br />fiber optic cable as shown in Exhibit Al — "Arvig County Road C2/Twin Lakes <br />Fiber Optic Network". <br />B. The City will provide to Arvig, fiber strands 133-144 (12 strands total) within the City <br />fiber optic cable "SA -BB -NORTH -144"; fiber strands 133-144 (12 strands total) <br />within the City fiber optic cable "SA -BB -SOUTH -144"; and fiber strands 1-6 (6 <br />strands total) within the City fiber optic cable connecting "Wilshire Park School" <br />as shown in Exhibit A2 — "St. Anthony Municipal Fiber Optic Network" <br />Each Parry is granted an exclusive, indefeasible right to use the Capacity granted under <br />this Agreement, all upon the terms and conditions set forth below. <br />4. Fiber Optic Cable Access. This Agreement includes a non-exclusive right for the Parties <br />to access the Fiber Transport Facilities necessary for the operation and use of the Fibers as <br />contemplated herein. <br />5. Financial Obligations. The Parties agree that the following financial obligations shall <br />apply for the term of this Agreement, subject to mutually agreeable amendment under <br />Paragraph 15 of this Agreement: <br />a. Arvig shall be financially responsible for all Gopher State One Call expenses <br />of any kind, nature, and amount. The City shall be financially responsible for <br />no such expenses. <br />b. Arvig shall be financially responsible for 100% of road relocating costs, <br />operating expenses and maintenance expenses associated with Arvig's Fiber <br />Optic Transport Facilities. <br />c. The City shall be financially responsible for 100% of road relocating costs, <br />operating expenses and maintenance expenses associated with the City Fiber <br />Optic Transport Facilities. <br />3 <br />