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BK: 2901 PG: 1152 <br />A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />SECTION 2. Definitions. <br />Fiber Optics Network ("NETWORK') - The cable, associated fibers, splice enclosures, <br />and all other related equipment located throughout Indian River County constructed, <br />installed, and maintained by the members for use by one or more members and <br />authorized third -parties. <br />License Agreement — An agreement entered into by one or more members with <br />another member or a third -party for use of NETWORK fiber/facilities by such other <br />member or third -party. <br />Licensee — A member or third -party authorized to use NETWORK fibertfacilities <br />pursuant to a License Agreement. <br />Reconciliation — Dissemination and sharing of sectionalization, ownership, and <br />locational information; discussion of administration, operations, and maintenance of the <br />NETWORK; discussion of fiber licensing and License Agreements; reconciliation of <br />funds owed to or by each member(s); and discussion of other pertinent topics <br />concerning the NETWORK by the respective Staff of each member. <br />Staff — The employee(s) of each respective member charged by such member with the <br />duties of day-to-day administration and operations associated with the NETWORK for <br />such member. <br />SECTION 3. NETWORK Administration. <br />Staff shall be responsible for the routine, day-to-day administration of the NETWORK <br />and Reconciliation whenever there are additions or deletions to the NETWORK or <br />transfer of ownership of any part of the NETWORK, entering into License Agreements, <br />or otherwise at least annually by June 30 of each year. The governing body of each <br />member shall retain authority for final approval (pursuant to its own policies and <br />procedures) of: (a) its anticipated purchases related to the NETWORK; (b) any <br />contracts and agreements for the development, operation, maintenance, or use of the <br />NETWORK, such as, but not limited to, construction, maintenance or service contracts; <br />attachment agreements; license agreements; or leases; (c) each Reconciliation; (d) sale <br />of the member's ownership or other interest in the NETWORK or any portion thereof; <br />and (e) election to abandon any portion of the NETWORK or to withdraw from or <br />terminate this Agreement. <br />SECTION 4. Ownership of NETWORK and Licensing to Members. <br />The NETWORK shall be jointly owned by all members to the extent that they have <br />contributed funding for a specific number of fibers during the initial or subsequent <br />construction. Each member's ownership percentage in the NETWORK shall vary <br />according to the percentage of fibers it has funded or otherwise purchased in each <br />section of the NETWORK according to the sectionalization of the NETWORK as <br />provided for herein. Each member shall keep accurate records of its ownership interests <br />and asset locations in the NETWORK and shall report on and provide said records to <br />Page 2 of 19 <br />2015.2.06.Edited.Fiber Optic Agreement.CLEAN.doc <br />