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BK: 2901 PG: 1153 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK the other members at each Reconciliation in order to reconcile each member's ownership of the NETWORK, provide consistency in the members' records, and to ensure compliance with applicable rules, regulations, laws, and policies governing the custody and accountability of public assets. Each member shall take appropriate steps to protect information regarding the NETWORK and not divulge critical infrastructure information to non-essential third -parties as is provided for in the Code of Federal Regulations, Title 6, Domestic Security, Part 29, Protected Critical Infrastructure Information, and as is exempted from disclosure under Florida's public records law in Florida Statutes Chapter 119.071(3)(a). A member may sell all or a portion of its ownership interest in the NETWORK or specific fiber(s) to one or more other members. Any such sale shall be only in full section increments consistent with the most recent sectionalization or, if necessary due to changes, an updated sectional ization pursuant to a new Reconciliation. The purchase price for such ownership interest in the NETWORK or specific fiber(s) shall be calculated pursuant to the total cost to the selling member for the ownership interest being sold, including original installation plus subsequent investment. The method and timing of payment of compensation for such transferred ownership interest shall be as agreed by the affected members. Upon full payment to the selling member for the fiber sold, the apportionment of member ownership in each affected section shall be adjusted by Reconciliation to appropriately reflect the transfer in ownership. Thereafter, all calculations regarding apportionment of revenue and expenses shall be based on the recalculated percentage of ownership of each member. As an alternative to sale and transfer of ownership, a member may enter into a License Agreement for use of its fiber by one or more other members where such members do not have a fiber ownership interest in a particular section sufficient for the member's needs. The terms of any such License Agreement shall be as agreed between the affected members. Whenever such licensed fiber is to be retired or replaced, the member(s) using the licensed fiber shall be provided an opportunity to participate in the fiber replacement or to assume ownership of the fiber to be retired as agreed between the affected members. SECTION 5. Contribution of Use of Member Assets. In order to make the NETWORK a financially feasible project, the members recognize the need to provide without charge to other members the use of certain existing infrastructure and assets for NETWORK establishment and operation. Such assets shall include but are not limited to member -owned utility poles and related assets, conduit crossing various roadways, and publicly dedicated rights-of-way within the jurisdiction of and maintained by members. Infrastructure owned by a single member shall not under any circumstances become or be deemed property owned by the CONSORTIUM or jointly -owned by its members, except as may be otherwise provided in this Agreement and agreed between or among the governing bodies of each member. Upon the termination of participation or withdrawal of a member from this Agreement, any such infrastructure or assets of the terminating/withdrawing member the use of Page 3 of 19 2015.2.06.Edited.Fiber Optic Agreement.CLEAN.doc