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A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK distribution poles or transmission poles with distribution underbuilt. The replacement portion of the System must be approved by FPL. Notwithstanding anything to the contrary in this Agreement, in the event that Licensee gives not less than 90 days' notice to FPL that Licensee no longer will be using the entire portion of the System located in the Supply Space: (a) Licensee shall not be obligated to pay to FPL any fees or expenses with respect to such portion of the System after the date on which Licensee ceases to use such portion of the System; and (b) whenever, following the date described in Section 3.10(a), FPL wishes to remove such portion of the System, the cost of removal of such portion of the System shall be borne entirely by FPL. 3.11 Radio Frequency ("RF") Exposure. FPL's poles routinely have attachments that emit RF radiation. The owners of the RF emitting devices are responsible for the operation of those devices. Licensee is required to familiarize itself, instruct and warn their employees, agents, contractors and subcontractors who are working around these devices, prior to performing any work or installation on or around any FPL pole. Attachment of RF emitting devices is limited to one measured and FPL -approved output device per pole. Licensee may not attach antennas or other RF emitting devices to a pole if it already has an antenna or RF emitting device installed by FPL or a third -party. ARTICLE IV MAKE-READY COSTS, LICENSE AND TRANSFER FEES, AND BILLING 4.1 Make -Ready Costs for New Attachments. (a) Lump Sum for Make -Ready Work. If Licensee has indicated that Make - Ready Work is necessary to accommodate New Attachments on any FPL pole, FPL or FPL's contractor will provide Licensee with an estimate of the cost of the Make -Ready Work. The estimate shall include the increased cost of larger or stronger- poles, the remaining life value of poles removed, the cost of removal less any salvage recovery and the expense of transferring FPL's Facilities from the old to the new poles and overhead costs, less any credit for betterment. If Licensee still desires to make the New Attachments, it shall return Exhibit A marked to so indicate, together with an advance payment of the Lump Sum for the entire estimated cost of the Make -Ready Work. (b) Reimbursement for Make -Ready Work. When Licensee's New Attachments can be accommodated on existing poles of FPL by rearranging FPL's Facilities or attachments of Other Users thereon, Licensee will compensate FPL and Other Users, if any, for the full expense incurred in completing such Make -Ready Work or Rearrangements, as provided in Section 4.6 below. (c) Additional Support. Any strengthening of poles (e.g., guying) required to accommodate any New Attachments shall be provided by and at the expense of Licensee and to the satisfaction of FPL. Licensee shall not set intermediate poles under or in close proximity to FPL's Facilities. Licensee, however, may request FPL to set such intermediate poles as Licensee may desire, and FPL shall have the option to accept or reject such request. If such request is granted, Licensee shall reimburse FPL for all direct and overhead costs associated with installing and attaching the New Attachments to such pole or poles. FPL shall perform such work on transmission poles. (d) Reimbursement of Licensees for Any Rearrangement Made by Licensees. If Licensee wishes to be reimbursed by any Other User, new or existing, benefiting from a Rearrangement or Make -Ready Work which was paid for by Licensee, it is Licensee's Confidential 9 Linear Facilities Attachment Agreement 116402702.1