Non-Routine Maintenance. Except as provided in the last sentence of this Section 10.1(b), User shall pay and reimburse AGLN for User’s proportionate share of all Costs incurred by AGLN in connection with non-Routine Maintenance of the AGLN System and the User Dark Fibers (including repairs required as a result of Cable cuts or natural or man-made disasters), within thirty (30) days of User’s receipt of AGLN’s invoice therefor. User’s proportionate share of such Costs shall be determined and allocated as follows: (a) if the affected portion of the AGLN System includes any Innerduct other than the Innerduct housing the User Dark Fibers, the total Costs first shall be allocated equally among all of the affected Innerducts and the Innerducts housing other dark fiber; and then the Costs allocated to the Innerduct housing the User Dark Fibers shall be allocated based on the ratio to which the number of User Dark Fibers bears to the total number of fibers in such Innerduct; or (b) if the affected portion of the AGLN System does not consist of any Innerduct other than the Innerduct housing the User Dark Fibers, the Costs shall be allocated based on the ratio to which the number of User Dark Fibers bears to the total number of-fibers within the affected portion of the AGLN System. Notwithstanding the first sentence of this Section 10.1(b), to the extent such non-Routine Maintenance relates to (i) work necessitated by User’s negligence or willful misconduct or (ii) User’s elective maintenance or repair requests, User shall pay and reimburse AGLN for one hundred percent (100%) of all Costs incurred by AGLN in connection with such non-Routine Maintenance plus a management fee for such work equal to fifteen percent (15%) of such Costs, within thirty (30) days of User’s receipt of AGLN’s invoice therefor.
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Sources: Indefeasible Right of Use Agreement (Eschelon Telecom Inc)
Non-Routine Maintenance. Except as otherwise provided in the last sentence of this Section 10.1(b), User shall pay and reimburse AGLN Zayo for User’s 's proportionate share of all Costs incurred by AGLN Zayo in connection with non-Routine non‑Routine Maintenance of the AGLN Zayo System and the User Dark Fibers (including repairs required as a result of Cable cuts or natural or man-made man‑made disasters), within thirty (30) days of User’s 's receipt of AGLNZayo's undisputed invoice therefore, provided such non‑Routine Maintenance (i) is not work necessitated by Zayo’s invoice therefornegligence or willful misconduct, (ii) is not the result of Zayo's or a third party user’s elective maintenance or repair requests, and (iii) Costs reflect reimbursements that Zayo may receive from a liable third party and such are proportionately credited to User’s proportionate cost share. User’s proportionate share of such Costs shall be determined and allocated as follows: (a) if the affected portion of the AGLN Zayo System includes any Innerduct other than the Innerduct housing the User Dark Fibers, the total Costs first shall be allocated equally among all of the affected Innerducts and the Innerducts housing other dark fiber; and then the Costs allocated to the Innerduct housing the User Dark Fibers shall be allocated based on the ratio to which the number of User Dark Fibers bears to the total number of fibers in such Innerduct; or (b) if the affected portion of the AGLN Zayo System does not consist of any Innerduct other than the Innerduct housing the User Dark Fibers, the Costs shall be allocated based on the ratio to which the number of User Dark Fibers bears to the total number of-of fibers within the affected portion of the AGLN Zayo System. Notwithstanding the first sentence of this Section 10.1(b), to the extent such non-Routine non‑Routine Maintenance relates to (i) work necessitated by User’s 's negligence or willful misconduct or (ii) User’s 's elective maintenance or repair requests, User shall pay and reimburse AGLN Zayo for one hundred percent (100%) of all Costs incurred by AGLN Zayo in connection with such non-Routine non‑Routine Maintenance plus a management fee for such work equal to fifteen percent (15%) of such Costs, within thirty (30) days of User’s 's receipt of AGLN’s Zayo's invoice therefortherefore.
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