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