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BK: 2901 PG: 1154 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK which was contributed to the NETWORK shall remain in service if continuation is necessary for the NETWORK. However, the withdrawing member may charge for use of such assets, which charges .shall be consistent with the amount charged similar customers for like usage. Such costs shall be paid by the remaining members in proportion to their revised ownership interest in the NETWORK. Notwithstanding the foregoing or any other provision of this Agreement, any member may, in its sole discretion, sell or dispose of all or any part its infrastructure or assets the use of which was contributed to the NETWORK so long as such sale or disposal shall not cause an interruption in operation or use of the NETWORK. However, the disposition of a member's assets to a third -party which results in the institution of charges to the CONSORTIUM or any member for use of such assets shall not be deemed an interruption in operation or use of the NETWORK and shall be permitted. SECTION 6. NETWORK Use. Each member may use its NETWORK fibers for any purpose and in any manner it desires so long as such use does not interfere with the fair and reasonable use of the NETWORK by the other members and licensed third -parties, individually or collectively. Nothing in this Agreement shall preclude a member from licensing its own fiber or capacity to third -parties so long as it is in accordance with all applicable laws and regulations and not in conflict with this Agreement. SECTION 7. Sectionalization, Apportionment, and Fiber Allocation. A. Sectionalization and Apportionment. In addition to the other reporting requirements provided herein, in order to accurately apportion the revenues that may be derived from the NETWORK, as well as the costs associated with its operation and maintenance, each unique section of the NETWORK shall be identified with information that will enable determination of the proportion of each member's ownership interest in the NETWORK and each member's corresponding percentage share in revenues and costs. The distance measurement to be used for apportionment shall be Fiber KiloFeet (FKF). The apportionment of member ownership in a NETWORK section shall be based on the number of fibers each member owns in the particular section. At Reconciliation, a unique section shall be assigned or appropriately modified for each portion of the NETWORK whenever there has been a change in the size, year of placement, structure, or ownership from the preceding Reconciliation. Unless otherwise agreed by Staff, miscellaneous items associated with a section, minor variations within the section, or minor changes made to the section after it is originally established need not be a consideration in the identification of sections. For example, if in 1999 a particular span of 36 fiber cable placed in 1985 is damaged and that one span of fiber optic cable is replaced with a piece of 72 fiber cable that was available on hand, the appropriate footage, year of placement, method of placement, size, etc. for such Page 4 of 19 20I5.2.06.Edited.Fiber Optic Agreement.CLEAN.doc