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ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 1.14 "Rearrangement" means any activity or work, after the Make -Ready Work, that is necessary when there is a change in the FPL Facilities or FPL service requirements or to ensure that Licensee's Attachments do not adversely affect FPL's Facilities or service or that of Other Users previously attached. "Rearrangement" includes but is not limited to Transfer, relocation, adjustment, conversion, permanent or temporary support, protection, design or redesign, abandonment, and removal or reconstruction of the System. 1.15 "Supply Space" means the space on the pole located above the Communication Space. 1.16 "System" means Licensee's fiber optic system, and shall include, without limitation, the cable, fibers within cables, hardware and supporting devices required by Licensee to attach to FPL poles as specified in Section 2.2 and any part thereof. 1.17 "Transfer" means solely the work of removing a portion of the System from an FPL pole and re -attaching that portion of the System to a replacement FPL pole within the existing FPL pole alignment at the same time that FPL transfers or relocates FPL Facilities from one FPL pole to another FPL pole. 1.18 "Wireline" means fiber optic cable and casing. ARTICLE II TERM AND RIGHT TO ATTACH 2.1 Term. This Agreement is for an initial term of six (6) years commencing with the date first written above and ending on midnight immediately preceding the six (6) year anniversary of such date. The term of this Agreement, provided Licensee is not in default under the terms of this Agreement, shall be continuously self -renewing for additional, consecutive five (5) year terms unless either party provides written notice to the other party no later than one hundred eighty (180) days prior to the expiration of the then -effective term that it wishes to terminate this Agreement for any or no cause. Individual permits issued under this Agreement may automatically expire as provided in Exhibit A attached hereto. 2.2 Existing Attachments. FPL agrees that the Existing Attachments are permitted to continue in the locations that exist on the Effective Date. 2.3 Permission to Attach to FPL Distribution Poles. (a) Pole. Except as provided in Section 3.1(a): (i) Licensee may attach New Attachments to the System only to existing or future FPL poles on which FPL Distribution Facilities have been installed; and (ii) Licensee may not attach New Attachments for its System to FPL poles that are used solely for transmission or street lighting purposes. (b) Tension Limit. No New Attachment will be permitted which results in more than 200 lbs. of unguyed tension on any given FPL Pole. (c) Pole Height Limit. No New Attachment will be permitted which requires FPL to install a new pole with a height of more than fifty feet (50'), and FPL will not perform Make -Ready Work for the purpose of installing such a pole; provided however, Licensee may apply for a permit to attach to an FPL pole, as provided in Section 2.3(a) above, Confidential 3 Linear Facilities Attachment Agreement 116402702.1