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equipment which is installed on premises owned, controlled or leased by the
<br />Grantee,, for unauthorized access to Grantee equipment which is installed on
<br />premises owned, controlled or leased by the Grantor. The parties agree that the
<br />Grantor shall have no liability for any loss,, cost,, expense or damage sustained by
<br />the Grantee if any unauthorized third party gains access to the City Network (and
<br />any voice, video and/or data transmissions carried thereon) through the Grantor,
<br />or their respective equipment.
<br />E. All data collected,, created,, received,, maintained,, or disseminated for any purposes
<br />in the course of the Grantor's performance of this Agreement is governed by the
<br />Minnesota Government Data Practices Act,, Minn. Stat. Chapter 13, or any other
<br />applicable state statutes, any state rules to implement the Act, as well as federal
<br />regulations related to data privacy. The Grantor agrees to abide by these statutes,,
<br />rules,, and regulations.
<br />Ill. SCOPE OF GRANTEE RESPONSIBILITIES
<br />A. The Grantee is permitted to use the Fiber Capacity under the terms of this
<br />Agreement and agrees that it is solely responsible for the purchase, installation,
<br />operation, maintenance, management,, testing and monitoring of any equipment it
<br />connects to the City Network. The Grantee shall not utilize the Fiber Capacity for
<br />any unlawful purpose.
<br />B. The Grantee agrees to exercise due care and caution to protect City Network
<br />facilities,, fibers,, cables and equipment from damage, vandalism and other
<br />potential problems. The Grantee agrees that it is responsible for the direct and
<br />indirect costs of repairing any damage to City Network facilities, fibers, cables
<br />and equipment that is directly or indirectly caused by the Grantee (and/or its
<br />contractors or subcontractors), whether intentionally or unintentionally. An
<br />example of such damage includes, but is not limited to, equipment installation by
<br />the Grantee that could damage a Grantor patch panel, Grantor equipment or
<br />Grantor facilities.
<br />C. The Grantee's use of the Fiber Capacity shall not at any time interfere with the
<br />use of the City Network by the Grantor, and other users. Upon receiving oral or
<br />written notice from the Grantor,, the Grantee shall immediately cease using the
<br />Fiber Capacity for any purpose that the Grantor, in its reasonable discretion,
<br />determines is interfering with City Network systems. The Grantee agrees that it is
<br />responsible for the direct and indirect costs of remedying any interference caused
<br />to other City Network systems as a result of the Grantee's installation of
<br />equipment or the Grantee's use of the Fiber Capacity.
<br />D. The Grantee shall at all times use reasonable efforts to protect the security of the
<br />City Network. For purposes of this paragraph,, '"to protect the security" means to
<br />protect those physical elements of the City Network under the Grantee's control
<br />from unauthorized intrusion,, signal theft, tampering, wiretapping or other actions
<br />that might: (i), compromise the integrity of or degrade the signals carried over the
<br />City Network; or (11 ), result in the unauthorized interception and disclosure of
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