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Fiber Agreement <br />City of Rogers <br />Elk River School <br />District <br />City of Elk River <br /> <br /> <br />This Agreement is entered into this day of , , between the City of <br />Rogers, Independent School District No. 728 (“Elk River School District ”), and the City of Elk <br />River, all being governmental units of the State of Minnesota. <br />WHEREAS, City of Rogers and City of Elk River wish to locate equipment in the other party’s data <br />center, and wish to establish fiber connections between their respective data centers, and; <br />WHEREAS, the Elk River School District will provide fiber optic cables between existing city-owned <br />fiber connected to each city’s data center, and; <br />WHEREAS, the Elk River School District is willing to allow the cities to use two (2) fibers in such bundle <br />for the foregoing purposes, and; <br />WHEREAS, the Elk River School District fiber will be interconnected to City of Rogers fiber at the <br />Rogers High School and to City of Elk River fiber located at the Elk River data center and; <br />WHEREAS, the parties represent that they have complied with all applicable bidding and <br />contracting laws in relation to construction of the fiber facilities referred to in this Agreement <br />and are in a position, and have authority to provide access to their respective fiber optic <br />networks as provided herein. <br />WHEREAS, all parties agree that the Agreement will not be effective until it is approved by the <br />governing body of each Party. <br />NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and <br />other good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, the parties agree as follows: <br />1. Responsibilities of City of Rogers: <br />a. The City of Rogers will provide all necessary fiber patch cables for the Fiber <br />interconnections between the City of Rogers, City of Elk River, and Elk River School