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BK: 2901 PG: 1157 <br />A TRUE COPY <br />CERTIFICATION ON LAST PAGE' <br />J.R. SMITH, CLERK 11 <br />be delayed. No member shall be required to share in the costs of any section of the <br />NETWORK in which such member does not have any ownership interest. <br />All costs of connecting a member's facility to the NETWORK shall be paid by such <br />member. Such costs include, but are not limited to, the drop from the NETWORK to the <br />facility, all materials and equipment necessary to connect to and utilize the NETWORK <br />for the intended purpose of the member, and all associated labor costs. In any instance <br />where the connection to a member's facility could result in a benefit to other members, <br />such other members may elect to participate in the connection and pay their <br />proportionate share of the costs. For example, extending a new fiber into a member's <br />facility to develop a strategic cross -connect location could potentially benefit more than <br />just that member and the costs may be shared based on the proportion of the cross- <br />connect benefit and corresponding expense attributable to the other member as agreed <br />by the affected members. <br />Periodically, other operational expenses such as franchise fees, taxes, pole attachment <br />charges, metered usages, engineering, record keeping, marketing, legal fees, <br />accounting, and billing shall be reviewed by the members' Staff and, if necessary, any <br />needed addendum or amendment to this Agreement may be prepared and presented to <br />the governing body of each member for consideration. In addition, amendments to this <br />Agreement are contemplated as new situations or changes in law are encountered. <br />Each revision shall be subject to review and approval of each member's governing <br />body. <br />Whenever an individual member contracts with any third -party for services to the <br />NETWORK benefiting only that member, such contracting member shall be solely <br />responsible for paying the third -party for the services. In such instance, the non - <br />contracting members shall not be responsible or held liable for payment to such third - <br />party and the contracting member shall indemnify and hold the non -contracting <br />members harmless for the expenditure. <br />Should circumstances dictate that one member will contract for work or services for the <br />NETWORK that will benefit other members and the affected members, through their <br />Staff or their governing body depending upon their respective purchasing authority, <br />approve of such contract, the costs of such work or services shall be shared between <br />the affected members in accordance with the sectionalization and ownership <br />apportionment of the NETWORK as provided herein and consideration of the proportion <br />of benefit to each affected member. Notwithstanding the foregoing, affected members <br />shall have the option of being included as a party to any such contracts for work or <br />services for the NETWORK. <br />SECTION 10. Upgrade Expenses. <br />Whenever upgrades to the NETWORK are required for its continued usefulness, all <br />affected members shall approve any expenditure and share the associated expense in <br />the same proportions as their ownership interest in the affected portion(s) or section(s) <br />of the NETWORK. <br />Page 7 of 19 <br />2015.2.06.Edited.Fiber Optic Agreement.CLEAN.doe <br />