information.
<br />E. If any outside agency imposes any additional taxes, fees, or charges associated
<br />with the Fiber Capacity or the Grantor incurs any additional costs over and above
<br />the routine maintenance and support of the Grantor network, the Grantee shall
<br />either pay its portion of these additional taxes, fees, charges or costs associated
<br />with the Grantee's use of the Fiber Capacity or have the right to terminate this
<br />Agreement prior to the imposition any additional taxes, fees, or charges.
<br />F. The Grantee agrees that this Agreement does not grant, transfer or assign any
<br />property interest or title in the City Network (including the Fiber Capacity) to the
<br />Grantee. Nothing in this Agreement shall be construed to affect the Grantor's
<br />right, in its sole discretion, to enter into any agreement, license, lease or project
<br />with another party for the use of the City Network, including, but not limited to,
<br />specific facilities and capacity on specific fibers and/or cables.
<br />G. Except as otherwise provided herein or in applicable law, the Grantor and its
<br />officers,, directors,, employees, volunteers and agents shall not be liable for any
<br />loss,, claim,, penalty,, cost,, expense (including attorneys' fees)�, damage, death or
<br />injury arising out of or attributable to any action, performance or non-
<br />performance under this Agreement. The Grantee shall indemnify and hold
<br />harmless the Grantor and its officers,, directors,, employees, volunteers and agents
<br />from and against all liability, losses, damages, judgments, penalties, costs, claims,
<br />and expenses (including attorneys' fees) they may legally be required to pay as a
<br />result of the Grantee's actions,, performance or non-performance under this
<br />Agreement.
<br />H. The Grantee further agrees to indemnify and hold harmless the Grantor, directors,
<br />officers,, employees, volunteers and agents from and against any costs, fees,
<br />expenses (including attorneys' feed, claims, penalties, judgments or losses they
<br />incur if the Grantor becomes subject to regulation by the Federal Communications
<br />City or the Minnesota Public Utilities City as a result of this Agreement.
<br />I. The Grantee's liability shall be governed by the provisions of the MN Statutes
<br />Chapter 466 and other applicable law.
<br />J. The Grantee shall provide proof of self-insurance that is acceptable to the
<br />Grantor's designated risk manager or insurance agent.
<br />IV. REIMBURSEMENT FOR FIBER CAPACITY USE
<br />A. The Grantee shall pay the Grantor $,400.00 (Four Hundred Dollars and Zero
<br />Cents) per month for the use of the Fiber Capacity during the term of this
<br />Agreement to reimburse the Grantor for costs associated with making the Fiber
<br />Capacity available, and administering this Agreement. On each anniversary of
<br />
|