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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions <br />herein contained, the receipt and sufficiency of which is hereby acknowledged, the parties <br />covenant and agree as follows: <br />ARTICLE <br />DEFINITIONS <br />1.1 "Attachment" means the physical attachment of the System consisting of <br />Licensee's optical ground wire ("OPGW") or Licensee's wirelines, and the supporting hardware <br />or devices required to attach the System to FPL poles. <br />1.2 "Communication Space" means the space on an FPL pole located within <br />the "communication worker safety zone", as such term is defined in the NESC. <br />1.3 "Existing Attachments" means the Attachments that are attached to COVB's <br />electric poles immediately prior to the Effective Date. <br />1.4 "FPL Distribution Facilities" means equipment used by FPL in the <br />distribution of electric power, including, but not limited to, manholes, conduits, poles, wires, <br />cables, system protection equipment or other appurtenances, and associated equipment. <br />1.5 "FPL Facilities" means FPL Distribution Facilities and FPL Transmission <br />Facilities. <br />1.6 "FPL Transmission Facilities" means equipment used by FPL in the <br />transmission of electric power, including, but not limited to, manholes, conduits, poles, wires, <br />cables, system protection equipment or other appurtenances, and associated equipment. <br />1.7 "Intermediate Pole Attachment" means the attachment of a New Attachment <br />to a new intermediate pole installed by FPL within an existing pole line in order to accommodate <br />the service requirements of FPL or Other Users. <br />1.8 "Lump Sum" means the dollar amount, reasonably estimated by FPL, <br />associated with work to be performed by FPL of the costs of construction and all FPL out-of- <br />pocket overhead associated with the required construction. <br />1.9 "Make -Ready Work" means the work necessary to prepare FPL Facilities <br />and the facilities of Other Users for any New Attachments on one or more FPL poles or pole <br />lines in compliance with the NESC and additional requirements of FPL including, but not limited <br />to, pole inspections, engineering and drafting time, permits and construction. <br />1.10 "NESC" means the National Electrical Safety Code. <br />1.11 "New Attachments" means any Attachments constructed after the Effective <br />Date. <br />1.12 "OPGW" has the meaning set forth in the definition of Attachments. <br />1.13 "Other Users" means licensees, other than Licensee, the facilities of which <br />are attached to applicable FPL poles pursuant to a joint use or other agreement. <br />Confidential 2 Linear Facilities Attachment Agreement 116402702.1 <br />