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BK: 2901 PG: 1155 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK replacement may be recorded in the NETWORK location records, but it will not be absolutely necessary to re -sectionalize the NETWORK to account for that one span that is modified. If, however, changes of a significant nature are made to a section of the NETWORK, it may be advantageous to re -sectionalize that portion of the NETWORK. For example, if a large office complex is being established midway in one of the sections of the NETWORK and two thousand five hundred feet (2,500') of the pole line supporting the fiber optic cable will have to be placed closer to the office complex property line and it is determined that one of the customers in the complex will be leasing fiber so the size of the fiber optic cable is increased from thirty-six (36) to seventy-two (72) fibers, then a new section of NETWORK should be established and the old section of the NETWORK that has now been divided will be adjusted appropriately. The purpose of the sectionalization and apportionment process is for planning, routing, and cost/revenue sharing and is not meant to be an accounting tool for property records or tax purposes. A list of parameters for designating a section of NETWORK is attached as Appendix "A" and incorporated herein. B. Fiber Allocation. Whenever a third -party desires to license the use of any portion of the NETWORK, the fibers to be used by the potential Licensee pursuant to the License Agreement shall be in the same proportion as those owned by each member in the particular section(s) of the NETWORK to be licensed. For example, where a potential Licensee desires to lease twelve (12) fibers of a seventy-two (72) fiber cable in a NETWORK section, of which one member owns thirty-six (36) fibers and the other two members each own eighteen (18) fibers and assuming all three members have fiber available that they are willing to license, six (6) of such first member's fibers would be used and three (3) each of the other two member's fiber would be used for licensing. If a member does not wish to participate in a License Agreement, such non- participating member's proportion of fiber owned shall be disregarded in determining the quantity of participating members' fibers to be used by the Licensee pursuant to the License Agreement. In the example above, should a member owning eighteen (18) fibers not wish to license any of its fibers, then the total fiber count in the section to be considered would be reduced to fifty-four (54) after deducting such non -participating member's eighteen (18) fibers. In such instance, and assuming the capacity is available, eight (8) fibers from the member owning thirty-six (36) fibers and four (4) from the other member's eighteen (18) fibers would be used for licensing. Likewise, should a member desire to limit its participation to a lesser number of fibers, the number of each participating member's fibers used for the License Agreement may be adjusted accordingly. Page 5 of 19 2015.2.06.Edited.Fiber Optic Agreement.CLEAN.doc