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Should a member of the CONSORTIUM license any portion of its fibers to a third party, and itself subsequently develop needs for additional fiber, that member will be required to lease fiber from the other members of the CONSORTIUM for its use at current market rates, assuming the availability of necessary fiber and the absence of alternatives to meet the demand of the member in need of additional fiber. SECTION 11. Maintenance The City will maintain the NETWORK if desired by the CONSORTIUM. The expense associated with repairs will be invoiced by the Cilv on a "time and materials" basis. Time will be charged at an hourly rate, adjusted annually, and sufficient to include the expenses of labor, fringe benefits, overhead, and equipment amortization. If desirable, the TAC may adopt operating procedures and a fee schedule. All maintenance costs shall be shared among the members of the CONSORTIUM in the same proportion as the original installation costs borne by each of them, until such time as the percent of utilization changes among members. When maintenance activities or upgrades to the NETWORK are required for its continued usefulness, all applicable CONSORTIUM members shall share the associated expense in the same proportions as they shared the original installation costs, unless the percent of utilization has ch,�;iged among members. Should the City perform repair and maintenance functions for the NETWORK, it is with the understanding that the City's responsibility extends only to the fiber optic cable up to the Demarcation Point. Maintenance and restoration work provided by the City shall be limited to the fiber optic cable and service drops, and the individual fibers within the cable and service drops. The City shall have no obligation or right to perform maintenance or restoration on any electronics or other equipment owned by the other members of the CONSORTIUM, The City will provide maintenance on a 7-day/24-hotlr basis and shall not be prohibited from contracting for the repair when deemed necessary. In the event that an outside contractor is needed, the City will select, supervise, and coordinate with the vendor to complete the repair. Should City personnel and equipment be used for repair and maintenance of the NETWORK, the CONSORTIUM recognizes the priorities of the City and does not expect the restoration of service until such time as the City deems it appropriate and possible, considering the other demands for use of its resources. The City will not be held liable for loss of service and/or additional expense to the other members of the CONSORTIUM under these circumstances.. The City acknowledges the importance of the fiber optics line associated with the 800 MHz radio system and will utilize all reasonable means to repair or restore this liber on a priority basis. Should any member of the CONSORTIUM wish to terminate the arrangement whereby the City provides repair and maintenance services for the NETWORK, that member shall bring its concerns to the attention of the TAC. The arrangement shall be terminated or temporarily suspended if a majority of the CONSORTIUM members agree to do so. However, City will Joint Fiber Optics Project - Interlocal Agreement Page 8 of 18