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BK: 2901 PG: 1159 <br />A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK 11 <br />C. , Payment of Recurring Bills. <br />As the CONSORTIUM becomes responsible for recurring assessments such as <br />franchise fees, taxes, pole attachment charges, metered usages, and the like, <br />the members' Staff shall coordinate and assign one member the task of paying <br />such assessments as they become due. The paying member shall be <br />reimbursed, minus its obligated share, by the other members at Reconciliation. <br />SECTION 14. Licensing to Third -Parties. <br />This provision recognizes the excess capacity of the NETWORK, the growing demand <br />for the use of such facilities by public and private entities, and the need to establish <br />revenue sources for the recovery of expenses related to the installation and <br />maintenance of the NETWORK. In addition, this provision provides for licensing to <br />third -parties the use of the NETWORK cable casing for purposes of electric utility <br />system grounding. <br />Any member may enter into a License Agreement with one or more third -parties for use <br />of that member's NETWORK fiber and/or facilities. License Agreements that <br />contemplate the use of fiber or facilities of more than one member shall include all <br />affected members as parties. License Agreements shall not contain provisions that <br />would result in impairment of normal NETWORK operation. Final approval and <br />execution of License Agreements shall be by each affected member's governing body. <br />Unless provided otherwise in the License Agreement, the primary contact member <br />dealing with a third -party regarding licensing shall be responsible for the negotiations, <br />maintaining, and administering the License Agreement, as well as collecting payments <br />due from the Licensee. <br />In addition to fiber License Agreements, members are authorized to enter into License <br />Agreements for use of the NETWORK cable casing and other facilities by third -parties <br />for purposes of electric utility system grounding. <br />Any costs associated with the connection of a Licensee's facilities to the NETWORK <br />shall be governed by the License Agreement with consideration of the negotiated <br />license fees, term length, and fiber quantity licensed. <br />Sub -licensing of fiber or other facilities by a Licensee shall only be permitted following <br />submission of the proposal to and approval by the governing body of the licensing <br />member(s). Such proposal shall include all information requested by the licensing <br />members, including, but not limited to, the identity of the proposed sub -licensee, the <br />nature of the proposed NETWORK use, and the location and nature of the <br />connection(s). <br />Revenue derived from all License Agreements shall be shared by the members in <br />accordance with the sectionalization and ownership apportionment of the NETWORK as <br />provided herein. <br />Page 9 of 19 <br />2015.2.06.Edited.Fiber Optic Agreement.CLEAN.doc <br />