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A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK (e) Unauthorized Attachment Fee. Licensee shall pay FPL an Unauthorized Attachment fee in the amount of 2 and 1/2 times the pole attachment rate to distribution poles and 1 and 1/2 times the pole attachment rate to transmission poles (each, an "Unauthorized Attachment Fee") for the year in which the Unauthorized Attachment was discovered. This Unauthorized Attachment Fee shall be paid from the date of discovery back to the date of the last physical survey for any Attachment to FPL Poles. If an Unauthorized Attachment is identified by survey, the "last survey" shall mean the survey immediately prior to the survey which identified the Unauthorized Attachment. FPL's acceptance of the payment of the Unauthorized Attachment Fee or consent to waive payment of all or a part of the Unauthorized Attachment Fee shall not constitute a waiver of any of FPL's other rights or remedies under this Agreement or at law. Licensee shall have the burden of proving that an Attachment is an authorized Attachment by providing FPL with a copy of the FPL Attachment Permit. Any Unauthorized Attachment to a distribution pole may be removed at the discretion of FPL and at the sole cost of Licensee. Any Unauthorized Attachment to a transmission pole without distribution underbuilt shall be immediate.ly removed by FPL at the sole cost of Licensee and with no liability or consequences therefore accruing to FPL. 4.3 Transfer and Intermediate Pole Attachment Fees. (a) Distribution Transfer Fee. Subject to Section 4.4, Licensee shall pay FPL the total actual cost incurred by FPL for each portion of the System that has been removed or Transferred as stated in Section 3.6 by FPL ("Rearrangement, Transfer or Intermediate Pole Attachment"). (b) Transmission Pole OPGW Transfer Fee. Subject to Section 4.4, Licensee shall reimburse FPL for the total actual cost incurred by FPL in transferring OPGW in accordance with the terms of this Agreement. 4.4 Rearrangement Cost. (a) Licensee's Cost for Distribution and Transmission Poles with Distribution Underbuilt. If FPL does a Rearrangement of its poles or pole line or changes the existing pole line alignment and as a consequence thereof does a Rearrangement of all or the applicable portion of the System to FPL's relocated pole line, the fee for Transfer does not apply and Licensee shall pay the direct and indirect costs of such Rearrangement. If the Rearrangement is necessitated by a third party that is not considered an attaching entity and the Rearrangement is not reimbursable by such third party, Licensee is responsible for the Rearrangement of the System, or applicable portion thereof, at its own expense. If such Rearrangement is reimbursable by the third party, Licensee is responsible for dealing directly with and obtaining its own reimbursement from such third party. Additionally, Licensee is responsible for coordinating the Rearrangement of its Attachments with the Rearrangement schedule of the third party. FPL will not be responsible for delay claims caused by failure of Licensee to meet the Rearrangement schedule of a third party. Payment for Rearrangement work will be made by Licensee as stated in Sections 4.6 and 4.7 below. (b) Licensee's Option to Purchase. If, however, FPL gives Licensee ninety (90) days written notice of its intent to abandon a pole or pole line containing poles with Attachments of Licensee, and if only Attachments remain on the pole and if Licensee has Confidential 11 Linear Facilities Attachment Agreement 116402702.1