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BK: 2901 PG: 1162 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK SECTION 19. Insurance. The members acknowledge that the NETWORK is not generally covered by a commercial property insurance policy, with limited exceptions. Any costs associated with repairs to or restoration of the NETWORK that are not covered by insurance or otherwise reimbursed by any third -party shall be shared among the members pursuant to the cost sharing provisions of this Agreement. Property insurance coverage for any section or portion of the NETWORK jointly owned by two or more members may be acquired when all members having an ownership interest in such section or portion agree on the need for property insurance coverage. Should property insurance coverage be acquired, the premium and other costs thereof shall be shared among the members pursuant to the cost sharing provisions of this Agreement. However, nothing contained herein shall prohibit any member from acquiring insurance coverage for any section or portion of the NETWORK at their sole expense should they so desire. Each member shall bear the risk of its own actions and inaction, as it does with its day- to-day operations, and determine for itself what kinds of insurance, including but not limited to liability insurance coverage, and in what amounts, it should carry relative to the associated risks arising out of ownership and use of the NETWORK. SECTION 20. Indemnification. Each member, to the extent permitted by law and subject to the limitations of section 768.28, Florida Statutes, and any subsequent revisions thereto, shall indemnify and hold harmless the other members and their respective elected officials, officers, and employees against any claim, action, loss, damage, injury, liability, cost, or expense, including but not limited to reasonable attorneys' fees and court costs, arising out of or caused by the negligence of the indemnifying member in performance of this Agreement or such member's installation, use, or maintenance of the NETWORK. Neither this nor any other provision of this Agreement shall be deemed a contractual waiver of sovereign immunity by any member or of the limitations of liability provided by section 768.28, Florida Statutes, contractual or otherwise. SECTION 21. Damage Caused by Disasters. Should all or any portion or section of the NETWORK be damaged or destroyed by a natural or man-made event to the extent that the cost of repair or replacement exceeds 50% of the original installation costs of the affected portion(s) or section(s), the owning member(s) shall determine if the NETWORK or such affected portion(s) or section(s) will be repaired or replaced, recognizing the need for agreement when more than one member is affected and cost sharing is desired. However, should one or more affected member(s) elect to not participate in the repair or replacement any other member(s) desiring to make the repairs and replacements shall have an option to purchase the non -participating member(s) interest in the affected NETWORK portion(s) or sections(s) at an agreed price established as provided in Section 4 above with consideration given Page 12 of 19 20152.M.Edited.Fiber Optic Agreement.CLEAN.doc