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A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK CONDITION. IN FURTHERANCE OF THE FOREGOING, FPL EXPRESSLY DISCLAIMS AND NEGATES, AND LICENSEE HEREBY WAIVES: (a) ANY. IMPLIED OR EXPRESSED WARRANTY OF MERCHANTABILITY, (b) ANY IMPLIED OR EXPRESSED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, (c) ANY IMPLIED OR EXPRESSED WARRANTY OF FITNESS TO MODELS OR SAMPLES OF MATERIALS, (d) ANY CLAIM FOR DAMAGES BECAUSE OF ANY LATENT OR PATENT DEFECTS OR OTHER DEFECTS, WHETHER KNOWN OR UNKNOWN, AND (e) ANY AND ALL IMPLIED WARRANTIES EXISTING UNDER APPLICABLE LAW. FPL AND LICENSEE AGREE THAT THE DISCLAIMERS OF CERTAIN WARRANTIES CONTAINED IN THIS SECTION ARE CONSPICUOUS DISCLAIMERS. 6.7 Contractor Insurance. Licensee agrees to require its Contractors to obtain insurance to cover the indemnity set forth in Section 6.5, and to designate FPL as an additional insured and to endorse the policy to be primary to any insurance obtained by FPL, its parent, subsidiaries or affiliates. Licensee further agrees to verify with its Contractors that such insurance is in full force and effect. ARTICLE VII MISCELLANEOUS PROVISIONS 7.1 Breach. If Licensee fails to comply with any of the provisions of this Agreement or defaults in any of its obligations under this Agreement, including but not limited to safety, violation of the NESC or FPL requirements, and failure to pay, and fails within thirty (30) days after written notice from FPL (or immediately upon notice of a safety violation) to correct such default or non-compliance, FPL may at its option terminate this Agreement in whole or part. 7.2 Non -waiver. Failure to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. 7.3 Non -Exclusive Right. Nothing in this Agreement shall be construed to confer on Licensee an exclusive right to place Attachments on FPL's poles in the area covered by this Agreement, and it is expressly understood that FPL has the unconditional right to permit Other Users to place Attachments on the same poles, other than any poles abandoned by FPL and purchased by Licensee, in the area covered in this Agreement and supplements thereto. 7.4 No Property Right. No use, however extended, of FPL's poles, under this Agreement, shall create or vest in Licensee any ownership or property rights in such poles, but Licensee's rights therein shall be and remain a mere license. Nothing herein contained shall be construed to compel FPL to maintain any of such poles for a period longer than demanded by FPL's own service requirements. FPL reserves the right to deny to Licensee a license as to any New Attachments if FPL determines such New Attachments will interfere with the integrity of FPL's system or service requirements, including considerations of economy and safety. 7.5 Assignment. Licensee shall not assign or transfer the privileges hereby granted without the prior written consent of FPL which consent shall not be unreasonably withheld; provided, however, that any one or more of the members of Licensee may freely assign its or their rights and delegate its or their duties under this Agreement, in whole or in part, to either or both of the remaining members of Licensee. Confidential 16 Linear Facilities Attachment Agreement 116402702.1