1999-317a - Laserfiche WebLink

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Fiber Optics Network — "NETWORK" - The cable, associated dark fibers, and splice enclosures comprising the Primary Route and Auxiliary Routes throughout Vero Beach and Indian River County for use by the CONSORTIUM and third parties executing appropriate licensing agreements with the CITY. Holding Account — The accounting mechanism used to record revenues derived from the NETWORK as a result of license agreements with third parties, and for the payment of expenses associated with the maintenance and expansion of the NETWORK for each CONSORTIUM member in its proportionate share. Primary Route — That portion of the NETWORK owned and utilized by all members of the CONSORTIUM. Technical Advisory Committee ("TAC") - Body responsible for the routine administration of the NETWORK, whose membership consists of the Chief Executive Officer of each CONSORTIUM member, or the designee of any such Officer. SECTION 3. NETWORK Administration The TAC will be responsible for the routine, day-to-day administration of the NETWORK. Except as otherwise provided herein, each member of the CONSORTIUM shall have one vote of equal weight; and, decisions of the TAC shall be governed by majority vote. The governing body of each member of the CONSORTIUM shall retain authority for final authorization (in keeping with its own policies and procedures): a) for its anticipated purchases related to the NETWORK and b) approval of any contracts or agreements resulting from the development of the NETWORK. SECTION 4. Ownership of NETWORK The NETWORK shall be jointly owned by all members of the CONSORTIUM to the extent that they have contributed funding for a specific number of fibers during the initial or subsequent construction. Each member's ownership of the NETWORK shall vary according to the percentage of fibers it controls in each section of the NETWORK, according to the sectionalization of the NETWORK pursuant to Section 10A of this Agreement. The TAC shall maintain an ongoing record of the ownership interests in the NETWORK of each member of the CONSORTIUM in accordance with any and all applicable rules, regulations, laws or policies governing the custody and accountability of public assets. SECTION 5. Use Each member of the CONSORTIUM may use the dark fibers, reserved for its use and in which it has purchased an ownership interest, in the NETWORK, for any purpose and in any manner it desires so long as such use does not interfere with the use of the NETWORK by the other members of the CONSORTIUM, individually or collectively. Nothing herein shall preclude a member of the CONSORTIUM from licensing its own excess fiber or capacity to third parties in accordance with all applicable laws and regulations and licensing fiber or Joint Fiber Optics Project - Interlocal Agreement Page 2 of 18