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BK: 2901 PG: 1164 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK mediation with a Florida circuit court certified civil mediator with the cost of such mediation divided equally between such affected members. If the dispute is not resolved by such mediation, the affected members shall attempt resolution by use of the Florida Governmental Conflict Resolution Act, section 164.101, Florida Statutes, et seq., before seeking redress in a court of competent jurisdiction. Each member shall bear their own attorneys' fees and costs in resolution of any dispute. SECTION 24. Classification as Telecommunications Provider. If the CONSORTIUM or any member receives notice or otherwise learns that the CONSORTIUM or any member will be or has become classified as a telecommunications company, telecommunications carrier, telecommunications service, or any other telecommunications entity, or will or has come under the jurisdiction of existing or future regulation by any State or Federal regulatory agency as a telecommunications company, including but not limited to the Federal Communications Commission or the Florida Public Service Commission, the members' Staff shall promptly meet upon notice of such event and cooperate so as to determine if it is necessary to oppose or remove such classification and, if so, whether and to what extent this Agreement can be amended by the members to avoid or remove such classification and to accordingly make appropriate recommendations to their respective governing bodies. If the members' governing bodies determine that it is appropriate or necessary to oppose or remove such classification and this Agreement cannot be so amended or if there is no agreement by the members' governing bodies as to such amendment, then any member may withdraw from this Agreement in accordance with its provisions. SECTION 25. No Third -Party Beneficiaries. This Agreement shall inure to the sole benefit of and shall be enforceable solely by the members and, with respect to any indemnification or limitation of liability provisions, to the benefit of each member's officers, employees and agents. No other person or entity shall be considered a third -party beneficiary to this Agreement. SECTION 26. Assignment. Except as otherwise provided herein, neither this Agreement nor any right, interest, or obligation hereunder shall be sold, assigned, transferred, or otherwise alienated or disposed of by any member without the prior written consent of the governing bodies of the other members, which consent shall be in the sole discretion of each member's governing body. Under no circumstances shall any assignment be made that would result in a detrimental impact on that status or operation of the NETWORK or any tax exempt status of any member or the development or operation of the NETWORK. SECTION 27. Notices. Any notice, request, instruction, demand, consent, or other communication required or permitted to be given under this Agreement shall be in writing and shall be delivered either by hand or by certified mail, postage prepaid, and certified return receipt Page 14 of 19 2015.2.06.Edited.Fiber Optic Agreement.CLEAN.doc