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BK: 2901 PG: 1158 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK SECTION 11. Taxes. Assessments and Charaes. Except as otherwise provided herein, no member shall tax, assess, or charge any other member for any routine, recurring assessment, fee, or charge arising from ownership, operation, or use of the NETWORK or any portion of the NETWORK, such as but not limited to, license fees, fees for pole attachments or use of rights-of-way, or franchise fees, unless otherwise agreed in writing by the affected member(s) or as may be required by current or future law or other pertinent regulation. Each member shall pay when due its share, determined in accordance with the sectionalization and ownership apportionment of the NETWORK as provided herein, of any and all NETWORK taxes, assessments, fees, and charges of any kind whatsoever lawfully levied or assessed. The total of any such payments may be remitted by one member on behalf of the CONSORTIUM upon agreement among the members, with reimbursement from the other members for their respective share. All taxes, assessments, fees, and charges shall be paid by the members in accordance with the cost sharing provisions of this Agreement, except to the extent that the taxes, assessments, fees, and charges are paid or reimbursed by a third -party. SECTION 12. Revenue Sharing. As optical fibers or services of the NETWORK are licensed to third -parties, the revenue from such licensing shall be shared by the members in a logical, fair, and reasonable manner calculated by using the data for the percentage of each member's ownership interest in the NETWORK sections and facilities through which the licensed fiber or service travels. Such revenues shall be collected by the licensing or designated member and routinely distributed to the appropriate members. Distribution shall be as funds are received or as otherwise agreed between the affected members. The revenue apportionment among the members shall be determined when a License Agreement is established and thereafter as may be adjusted at Reconciliation. SECTION 13. Payments. A. Payments to Members. Any payments due a member by another member shall be paid pursuant to the Florida Local Government Prompt Payment Act. B. Payments to Contractors. If a third -party contractor is used for the installation or maintenance of any portion of the NETWORK, final payment shall not be made to the contractor until as -built drawings, test results, or report from the contracting member(s) has been reviewed and approved by all affected members. Failure by any affected member to object or otherwise respond within thirty (30) days of receipt of the drawings or such reports by the member shall be deemed to be an approval of same by the non -responding member Page 8 of 19 2015.2.06.Edited.Fiber Optic Agreement.CLEAN.doc