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A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK obtained all necessary permits or easements from the fee owner, Licensee shall have the option to purchase the pole from FPL. 4.5 All Other Services Necessary to Maintain Licensee's OPGW System. The Licensee shall reimburse FPL for all other necessary and/or requested services required by the Existing Attachments or New Attachments to transmission poles the total actual cost incurred by FPL. 0 • C • . (a) Make -Ready Work and Rearrangement Work. Licensee agrees to pay FPL in advance the full Lump Sum amount for Make -Ready Work and Rearrangements. This Lump Sum amount is non-refundable; provided however, if this Agreement is terminated, Licensee shall be responsible for the costs actually incurred by FPL and any additional cost incurred by FPL to restore FPL's facilities to complete operational capability and FPL shall refund the balance. (b) Inspecting, etc. In addition, to the above charges, FPL shall bill Licensee for actual costs incurred for inspections, surveys, expenses and other charges (excluding Attachment fees and the Lump Sum payment) under this Agreement, as incurred. Payment shall be made within thirty (30) days of the date of invoice and under the terms and conditions provided in Section 4.7, below. 4.7 Payment and Charges. All payments and charges to be paid by Licensee under this Agreement shall be made pursuant to the Local Government Prompt Payment Act, Chapter 218, Part VII, Florida Statutes. 4.8 Limitation. The provisions of this Article IV shall be subject to and limited by the provisions of the last sentence of Section 3.10. ARTICLE V REMOVAL 5.1 Notice. Licensee, after prior written notice to FPL, may remove its Attachments in the Communications Space from any distribution pole or transmission pole with distribution underbuilt and shall give FPL written notice, in the form of Exhibit B, of actual removal within fifteen (15) working days after removal. Licensee shall exercise care and take precautions to avoid damage to the FPL Facilities and to the attachments of Other Users and shall immediately report any damage to FPL and to the Other Users of the damaged facilities. FPL, at Licensee's cost, shall be responsible for removing any portion of the System in the Supply Space and OPGW from transmission poles. 5.2 Immediate Removal. Upon written notice that the use of an FPL pole is forbidden or unauthorized by state, county,. or municipal authorities or upon any final administrative or judicial decision that Licensee has no right to attach to any FPL pole without consent of the real property owner, the permit covering the use of the FPL pole shall immediately terminate and Licensee shall remove the applicable portion of its System from the affected FPL pole. Licensee shall hold harmless, defend and indemnify FPL against all liabilities arising from or associated with Licensee's failure to obtain the necessary permits, if any, from the owner of Confidential 12 Linear Facilities Attachment Agreement 116402702.1