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1999-317a
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1999-317a
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Last modified
4/9/2019 2:14:30 PM
Creation date
4/9/2019 2:05:17 PM
Metadata
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Template:
Official Documents
Official Document Type
Interlocal Agreement
Approved Date
12/07/1999
Control Number
99-317a
Agenda Item Number
11.C.1.
Entity Name
City of Vero Beach
School District
Indian River County
Subject
Fiber Optic Cable
Alternate Name
Joint Fiber Optics Project Interlocal Agreement
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City's responsibilities and authority relating to billing, licensing, etc., of the NETWORK to third <br />parties shall cease. <br />Any infrastructure owned by the member of the CONSORTIUM withdrawing from the <br />Agreement and used by the CONSORTIUM for the NETWORK shall remain in service by the <br />NETWORK. The withdrawing member may request payment for use of its infrastructure <br />which is consistent with the amount charged to similar customers for like usage. If requested, <br />these costs shall be paid by the remaining members in proportion to their revised ownership <br />interest in the NETWORK. <br />Upon five (5) days written notice, and without liability to the CONSORTIUM or the remaining <br />individual members, the withdrawing member shall be disconnected from the NETWORK. <br />SECTION 21. ARBITRATION <br />It is agreed that disputes arising under this Agreement, or under any instrument made to <br />carry out the terms of this Agreement, shall be submitted to arbitration in accordance with the <br />provisions of the Florida Arbitration Code (Chapter 682, Florida Statutes). Each member of <br />the CONSORTIUM shall appoint an arbitrator who shall be an attorney at law. And each <br />member shall notify the other members of such appointment within three (3) days. The three <br />(3) arbitrators so appointed shall constitute the board of arbitration. <br />SECTION 22. Classification as Telecommunications Provider <br />If the CONSORTIUM, or any member of the CONSORTIUM, is or becomes classified as a <br />telecommunications company, telecommunications carrier, telecommunications service or <br />any other telecommunications entity, or falls under the jurisdiction of existing or future <br />regulation by any State or Federal regulatory agency as a telecommunications company, <br />including, but not limited to, the Federal Communications Commission or the Florida Public <br />Service Commission, the members of the CONSORTIUM shall meet immediately and <br />cooperate with each other so as to determine if it is necessary to remove such classification <br />and, if so, whether, and to what extent, the Agreement can be amended to remove such <br />classification. If the CONSORTIUM determines that it is necessary to remove such <br />classification and the Agreement cannot be so amended, or if there is no agreement as to <br />such amendment, then any member of the CONSORTIUM may withdraw from the <br />Agreement in accordance with the provisions of this Agreement. <br />SECTION 23. Effective Date <br />This Agreement shall be in full force and effect upon the approval of each and every member <br />and proper execution hereof. <br />SECTION 24. No Third Party Beneficiaries <br />This Agreement does not provide third parties with any remedy, claim, liability, <br />reimbursement, cause of action, or other right or privilege, except that the provisions hereof <br />Joint Fiber Optics Project - Interlocal Agreement <br />Page 13 of 18 <br />
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