Laserfiche WebLink
4D <br />0 <br />Fiber Optics Network -- "NETWORK" - The cable, associated dark fibers, and splice <br />enclosures comprising the Primary Route and Auxiliary Routes throughout Vero Beach and <br />Indian River County for use by the CONSORTIUM and third parties executing appropriate <br />licensing agreements with the CITY. <br />Holding Account -- The accounting mechanism used to record revenues derived from the <br />NETWORK as a result of license agreements with third parties, and for the payment of <br />expenses associated with the maintenance and expansion of the NETWORK for each <br />CONSORTIUM member in its proportionate share. <br />Primary Route — That portion of the NETWORK owned and utilized by all members of the <br />CONSORTIUM. <br />Technical Advisory Committee ("TAC") - Body responsible for the routine administration of <br />the NETWORK, whose membership consists of the Chief Executive Officer of each <br />CONSORTIUM member, or the designee of any such Officer. <br />SECTION 3. NETWORK Administration <br />The TAC will be responsible for the routine, day-to-day administration of the NETWORK. <br />Except as otherwise provided herein, each member of the CONSORTIUM shall have one <br />vote of equal weight; and, decisions of the TAC shall be governed by majority vote, The <br />governing body of each member of the CONSORTIUM shall retain authority for final <br />authorization lin keeping with its own policies and procedures): a) for its anticipated <br />purchases related to the NETWORK and b) approval of any contracts or agreements <br />resulting from the development of the NETWORK. <br />SECTION 4. Ownership of_NE'TWORK <br />The NETWORK shall be jointly owned by all members of the CONSORTIUM to the extent <br />that they have contributed funding for a speciiic number of fibers during the initial or <br />subsequent construction. Each member's ownership of the NETWORK shall vary according <br />to the percentage of fibers it controls in each section of the NETWORK, according to the <br />sectionalization of the NETWORK pursuant to Section 10A of this Agreement. The TAC shall <br />maintain an ongoing record of the ownership interests in the NETWORK of each member of <br />the CONSORTIUM in accordance with any and all applicable rules, regulations, laws or <br />policies governing the custody and accountability of public assets. <br />SECTION 5. Use <br />Each member of the CONSORTIUM may use the dark fibers, reserved for its use and in <br />which it has purchased an ownership interest, in the NETWORK, for any purpose and in any <br />manner it desires so long as such use does not interfere with the use of the NETWORK by <br />the other members of the CONSORTIUM, individually or collectively. Nothing herein shall <br />preclude a member of the CONSORTIUM from licensing its own excess fiber or capacity to <br />third parties in accordance with all applicable laws and regulations and licensing fiber or <br />Joint Finer Optics Proioct - lntorlocal Agreement <br />Pape 2 of 18 <br />