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ATRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />J.R. SMITH, CLERK
<br />New Attachments, maintenance, Rearrangement or Transfer of the System, or applicable
<br />portion thereof, shall be performed by FPL at Licensee's expense, as provided in Section
<br />3.8 and Article IV below.
<br />(d) Rearrangement or Transfer by Licensee. If FPL decides not to do a
<br />Rearrangement or Transfer the System, or applicable portion thereof, then Licensee,
<br />subject to Article IV, at its own expense and within ninety (90) working days after written
<br />notice from FPL, shall rearrange or remove the applicable portion of the System placed
<br />on any pole or pole line, transfer it to a substituted pole or poles, relocate it, or perform
<br />any other work in connection with that portion of the System that may be required by FPL.
<br />(e) Failure of Licensee to Rearrange or Transfer; Emergency Situations.
<br />Provided, however, that after ninety (90) days' written notice from FPL, if Licensee fails
<br />to Rearrange or Transfer the System, or applicable portion thereof, or at any time without
<br />notice in case of emergency, FPL may rearrange the System, or applicable portion
<br />thereof, Transfer it to a substituted pole or poles, relocate it or perform any other work in
<br />connection with System, or such portion, that may be required in the maintenance,
<br />replacement, removal or relocation of FPL poles, the portion of the System thereon or
<br />which may be placed thereon, or for the service needs of FPL, and Licensee shall, on
<br />demand, reimburse FPL for the expense thereby incurred. Nothing in this Subsection
<br />shall relieve Licensee from maintaining adequate work forces readily at hand to handle
<br />the Rearrangement, repair, service and maintenance of the System, or applicable portion
<br />thereof, where the condition of the System, or applicable portion thereof, is hindering
<br />FPL's operations.
<br />(f) Hold Harmless and Indemnify Against Delay Claims. Notwithstanding the
<br />foregoing, Licensee shall be solely responsible for the scheduling and coordinating
<br />directly with all Other Users of all relocations required as part of any project of Licensee.
<br />FPL shall not be responsible for scheduling the relocation of Licensee's Attachments or
<br />other attachments to FPL's poles when such relocation is caused by any project of
<br />Licensee. Licensee shall indemnify and hold harmless FPL from any loss or liability
<br />incurred by or claimed by Licensee's contractor arising from or related to the failure of
<br />FPL to timely relocate a FPL pole if Licensee has not timely removed its Attachment from
<br />the FPL pole. Such obligation to hold harmless and indemnify FPL shall be subject to the
<br />limitations set forth in section 768.28, Florida Statutes, as may be applicable.
<br />(g) Notwithstanding anything in this Section 3.6 to the contrary, there shall not
<br />be any Rearrangement or Transfer.of any Attachment:
<br />(i) that is in the Supply Space to a location within the Communications
<br />Space if such Attachment, as relocated or transferred, will be connected to any
<br />other Attachment within the Supply Space; or
<br />(ii) that is in the Communications Space to a location within the Supply
<br />Space if such Attachment, as relocated, will be connected to any other Attachment
<br />within the Communication Space.
<br />3.7 FPL Inspection. FPL reserves the right to inspect each New Attachment on
<br />FPL poles and in the vicinity of its lines or appliances and to make surveys every five (5) years,
<br />or more frequently as conditions warrant, of the entire System on FPL's poles. Such inspections
<br />or surveys made, or not, shall not relieve Licensee of any responsibility, obligation or liability
<br />Confidential 7 Linear Facilities Attachment Agreement 116402702.1
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