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notice in cases of emergency, the owner party may arrange to relocate, <br />replace or remove the facilities placed on said poles by the using party, <br />transfer them to substituted poles or perform any other work in con- <br />nection with said facilities that may be required in the maintenance, <br />replacement, removal or relocation of said poles, the facilities <br />thereon or which my be placed thereon, or for the service needs of the <br />owner party, and the using party shall, on demand, reimburse the owner <br />party for the expense thereby incurred. Nothing in this paragraph shall <br />be construed to relieve using party of maintaining adequate work forces <br />readily at hand to promptly remove, repair or service and maintain using <br />party's facilities where such conditions are necessary or are hindering <br />owner party's operations. <br />4. The owner party reserves to itself, its successors and assigns, <br />the right to maintain its poles and to operate its facilities thereon in <br />the manner that will best enable it to fulfill its own service require- <br />ments, and in accordance with the applicable edition of the National <br />Electrical Safety Code as provided by the Public Service Commission, and <br />such specifications particularly applying to owner party hereinabove <br />referred to. Owner party shall not be liable.to using party for any <br />interruption to service of using party or for interference with the <br />operation of the cables, wires, and appliances of using party arising <br />in any manner out of owner party's poles hereunder. <br />5. The owner party, because of the importance of its service, <br />reserves the right to inspect each new installation of the using party <br />on its poles and in the vicinity of its lines or'appliances and to make <br />periodic inspections, semi-annually or as often as plant conditions <br />may warrant, of the entire plant of using party. Such inspections, <br />made or not, shall -not operate to relieve using party of any responsi- <br />bility, obligation or liability assumed under this agreement. Using <br />party shall exercise special precautions to avoid damage to facilities <br />of owner party and of others supported on said pole and shall make an <br />immediate report to owner party of the occurrence of any damage. User <br />party agrees to pay owner party all amounts incurred by owner party in <br />repairing its facilities damaged by user party. <br />6. The using party hereby agrees to install, construct, and <br />maintain its attachments with its own qualified electrician or by a <br />qualified electrical contractor paid under a contract let -by the---- <br />using party all in accordance with generally -accepted safety practices <br />of the electric utility and/or.communications industry and the regula- <br />tions of the Florida Department of Commerce as they exist or as'they <br />are subsequently revised, amended or superseded; and that utility <br />service connections shall in all cases be performed by FPL when FPL is <br />expected to supply A utility service. It is further understood and <br />agreed by the PUBLIC BODY that the said installation, construction and <br />maintenance of such attachments within six (6) feet of the power <br />utility's primary conductors (which shall herein be defined as all <br />conductors with voltage potentials exceeding 750V) shall be performed <br />only with prior consent of FPL when pole ownership lies with the <br />PUBLIC BODY. When the pole ownership lies with FPL, all installations, <br />construction and maintenance of PUBLIC BODY attachments shall be subject <br />to the approval of FPL within its sole and absolute discretion and <br />shall conform with any other joint use agreement now in effect between <br />FPL and other joint users. <br />P <br />7. Whenever the PUBLIC BODY uses its personnel to perform work, <br />the following provision shall apply: <br />• <br />If the PUBLIC BODY enters into an agreement for the joint <br />use of poles owned by DEPARTMENT or FPL, or upon which <br />DEPARTMENT or FPL maintains attachments, and DEPARTMENT <br />and FPL are agreeable to said joint use, the parties agree <br />-2- <br />9QK 9 4&409 <br />