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A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK assumed under this Agreement. All direct and overhead costs associated with these inspections shall be paid by Licensee as stated in Article IV. In addition, if any violations are found, Licensee shall make all corrections at Licensee's expense, including Rearrangement of the Facilities. 3.8 FPL Work. FPL shall perform all work on the System in the Power Supply Space. FPL's responsibilities for performing such work is set forth in Exhibit C attached hereto. 3.9 Rearrangement, Transfer and Intermediate Pole Attachment of OPGW on Transmission Poles. (a) Timing. Whenever it is necessary for FPL to do a Rearrangement of an Attachment on an existing FPL pole, Transfer such Attachment to a replacement FPL pole or to an Intermediate Pole Attachment, Licensee shall perform all of its obligations as set forth in Exhibit C, the Fiber Optic Service Level Guidelines, or any subsequent written agreement between FPL and Licensee to allow FPL to do a Rearrangement, Transfer or Intermediate Pole Attachment, as the case may be, within forty five (45) days after notice is given to Licensee in writing. Licensee will participate in FPL's notification process and conform to FPL's scheduling in order to accomplish this. (b) Failure of Licensee to Meet its Obligations to Facilitate the Rearrangement or Transfer by FPL; Emergency Situations. If after ninety (90) days' written notice from FPL, Licensee fails to meet its obligations as set forth in Exhibit C, the Fiber Optic Service Guidelines, or any subsequent written agreement between FPL and Licensee to facilitate FPL's Rearrangement or Transfer of the System, or any applicable portion thereof, or at any time without notice in cases of emergency, FPL at the sole option of FPL may do a Rearrangement of the applicable portion of the System, Transfer the applicable portion of the System to substituted poles, relocate the applicable portion of the System or perform any other work in connection with the System that may be required in the maintenance, replacement, removal or relocation of FPL poles, the FPL Facilities or attachments thereon or which may be placed thereon, or for the service needs of FPL, and Licensee on written demand shall reimburse FPL for the expense thereby incurred. Nothing in this Section 3.9(b) shall impose any duty on FPL or relieve Licensee from maintaining adequate work forces readily at hand to handle Licensee's obligations as set forth in Exhibit C, the Fiber Optic Service Level Guidelines or any subsequent written agreement between FPL and Licensee where the condition of the System is hindering FPL's operations or from liability for failure to allow FPL to perform the timely removal if its Attachment from FPL poles or from its obligations under this Agreement. Notwithstanding anything in this Section 3.9 to the contrary, there shall not be any Rearrangement or Transfer of any Attachment: (i) that is in the Supply Space to a location within the Communications Space if such Attachment, as relocated or transferred, will be connected to any other Attachment within the Supply Space; or (ii) that is in the Communications Space to a location within the Supply Space if such Attachment, as relocated, will be connected to any other Attachment within the Communications Space. 3.10 System in the Power Supply Space. Whenever Licensee determines that the entire portion of the System that is located in the Supply Space needs to be replaced, Licensee will locate. the replacement portion of the System in the. Communication Space on Confidential 8 Linear Facilities Attachment Agreement 116402702.1