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BK: 2901 PG: 1156 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Should a member license any I portion of its fibers to a third -party and subsequently develop its own needs for additional fiber or its needs otherwise increase, that member may license fiber from other members for its use as provided in this Agreement, assuming the availability of necessary fiber and the absence of alternatives to meet the demand of the member in need of the additional fiber. A member may also purchase as provided herein the needed fiber from another member willing to sell such fiber. SECTION 8. Record Keeping In addition to the other reporting requirements provided herein, each member shall be responsible for keeping records of additions to the NETWORK and payments made by the member for extensions, expansions, repairs, and maintenance to the NETWORK. A joint GIS record system shall be maintained by the County and, until direct access to the records system can be provided to the members, paper maps and Compact Discs of such GIS records shall be provided to the members by the County as reasonably requested. GPS location points will be provided by members for inclusion on the maps as requested by members. Each member shall pay, pursuant to section 9 regarding cost sharing, their fair share of the costs (e.g., contractor, material, duplicating costs) incurred in development and maintenance of the GIS record system and providing data to members, as well as expenses for enhancements to the record system for the purposes and benefit of the NETWORK and CONSORTIUM beyond the basic system which has been developed by the County, as such enhancement expenses may be approved by the members' governing bodies. However, whenever possible, the County shall use existing CONSORTIUM resources coordinated with the other members in order to avoid third -party costs. Expansion of the GIS record system (e.g., member direct access) may require that each member provide its own equipment to connect directly to a shared server. The GIS record system shall contain distance, location, ownership, construction method, address, and other pertinent information and data as can be reasonably and cost-effectively gathered. Hyper -linking of photographs and assignment information to enhance maintenance and administration of the NETWORK is possible and each member may provide the detail and data for inclusion that each member desires. SECTION 9. Cost Sharing. The actual costs of planning, designing, installing, repairing, and maintaining the NETWORK, including, but not limited to, the total cost of labor and materials, including fiber optics cable and equipment, shall be shared among the members in accordance with the sectionalization and ownership interest apportionment in the affected portion(s) or section(s) of the NETWORK as provided in Sections 4 and 7. This cost sharing arrangement shall be used whether such costs are incurred internally by one or more members or through a contractual agreement between a third -party vendor and one or more members. However, consideration shall be given for adjustment of each affected member's proportionate share of costs when the needs of only one or two affected members require the repairs or replacement to be accomplished other than during normal business hours (e.g., repair is needed at night or on weekends) at additional or increased costs while repairs to meet the needs of the other affected member(s) could Page 6 of 19 2015.2.06.Edited.Fiber Optic Agreement.CLEAN.doc