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A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />J.R. SMITH, CLERK
<br />"Interlocal Agreement" means the Revised and Restated Joint Fiber Optics Project
<br />Interlocal Agreement, made as of May 19, 2015, by and among the School District of Indian River
<br />County, Indian River County, and LICENSOR, as such Agreement may be amended or superseded
<br />from time to time.
<br />"Licensee Facilities" means any telecommunications equipment owned by LICENSEE,
<br />including the cables, conduit, bays, panels, jacks, ironworks, associated electronics, fiber optic
<br />termination equipment, regenerators, power sources and other related equipment owned by
<br />LICENSEE, but excluding the Licensor Fiber Optic Strands and Licensor Facilities.
<br />"License Fee" means, as more particularly described in Article IV below, the amount paid
<br />by LICENSEE to LICENSOR for the license and privilege of using, directly, certain Licensor
<br />Fiber Optic Strands and, indirectly, certain other parts of the Licensor Facilities necessary to
<br />LICENSEE'S stated use in Section 4.4,hereof.
<br />"Licensor Facilities" means the fiber optic strands and those facilities owned by
<br />LICENSOR, either individually or together with one or both other members of the Consortium,
<br />including equipment, cables, conduit, bays, panels, jacks, ironworks, associated electronics, fiber
<br />optic termination equipment, regenerators, power sources and other related equipment owned by
<br />LICENSOR, structures, rights-of-way and easements.
<br />"Licensor Fiber Optic Strands" means all dark fiber optic strands owned by LICENSOR,
<br />either individually or together with one or both other members of the Consortium, and which may
<br />or may not be licensed to LICENSEE depending upon the terms of this License Agreement.
<br />"Make -Ready Work" means the work necessary with respect to the Licensor Facilities in
<br />order to accommodate the relocations of the Licensor Fiber Optic Strands or the construction of
<br />new installations of Licensor Fiber Optic Strands.
<br />"Relocation" means any adjustment, rearrangement or relocation of the Licensor Fiber
<br />Optic Strands licensed to LICENSEE.
<br />"Splice" means a point where two separate sections of Fibers are physically connected.
<br />"Term" means the initial five-year term of this License Agreement, and any extension term,
<br />as described in Article III of this Agreement.
<br />ARTICLE III
<br />TERM AND EXTENSION
<br />This License Agreement shall commence on the date of this Agreement and shall continue
<br />for an initial term of five (5) years, unless earlier terminated as provided in this Agreement. Unless
<br />earlier terminated as provided in this Agreement, LICENSEE, at its sole option, may extend this
<br />License Agreement, after the initial term, for up to five (5) successive five-year terms by providing
<br />notice to LICENSOR not less than eighteen (18) months prior to expiration of the initial term or
<br />any extension term, as the case may be.
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<br />116402757.1
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