1999-317a - Laserfiche WebLink

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1 accordance with the sectionalization provision of Section 10A of this Agreement. This cost sharing arrangement shall be used whether installation costs are incurred through a contractual agreement with a vendor or by another member of the CONSORTIUM. Members of the CONSORTIUM shall not be required to share in the costs of any segment of the NETWORK in which they do not wish to reserve fibers for its future usage. All costs necessary to connect a facility of a CONSORTIUM member to the NETWORK shall be paid by the CONSORTIUM member connecting the facility to the NETWORK. This cost shall include the drop from the NETWORK to the facility, all equipment necessary to utilize the NETWORK for the intended purpose of the member, and all associated labor costs to connect the facility. All routine, recurring operating expenses (e.g., pole attachments with other utility service providers, maintenance, taxes, franchise and right-of-way fees, emergency restoration, cable locates, Sunshine State One Call membership, etc.) shall be shared between the members in the same proportion as the original installation costs until such time as the percent of utilization changes between members. Such costs may be taken from the Holding Account maintained for the CONSORTIUM upon approval of the appropriate member(s). All other periodic operational expenses such as engineering, records keeping, marketing, legal fees, accounting, and billing will be reviewed by the CONSORTIUM members and, if necessary, an addendum to the Agreement prepared and presented to the governing board of each CONSORTIUM member for consideration within the first (15t) year of operation. Changes to the Agreement are expected as new situations are encountered. Each revision is subject to the appropriate approval of each CONSORTIUM member or its governing board. When an individual member of the CONSORTIUM enters into a contract with an outside contractor for services to the NETWORK, but benefiting only that member, the contracting CONSORTIUM member shall be individually responsible for remitting payment to the contractor performing work on the NETWORK in accordance with the payment terms of the contract between the contracting CONSORTIUM member and the contractor. The non - contracting members of the CONSORTIUM shall not be responsible or held liable for such payment. Should circumstances dictate that one member of the CONSORTIUM contract for work on, or services to, the NETWORK that will benefit all members, and all members of the TAC approve of such contract, the costs of such contract shall be shared between the members based on the sectionalization provision of Section 10A of this Agreement. SECTION B. Taxes. Assessments and Charges Except as otherwise provided herein, no individual member of the CONSORTIUM shall tax, assess or charge the NETWORK or any portion of the NETWORK for license fees, pole attachments, use of rights-of-way, franchise fees or for any other such routine, recurring operating expenses, unless required to do so by statute or other pertinent regulation. Joint Fiber Optics Project - Interlocal Agreement Page 4 of 18