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A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK poles and to transmission poles with distribution underbuilt in a safe condition and in thorough repair, both in a manner suitable to FPL and so that the Attachments do not conflict with the use of the poles by FPL or Other Users, or interfere with the working use of facilities thereon or which may from time -to -time be placed thereon by FPL or Other Users. Licensee shall exercise special precautions to avoid damage to the FPL Facilities and to attachments of Other Users on the FPL poles and shall promptly report to FPL any damage caused by Licensee. 3.3 Licensee's Duty to Warn. Licensee covenants, acknowledges and agrees that it has a responsibility to instruct, remind and warn its employees, agents, contractors and invitees that the FPL Facilities and appurtenances installed or to be installed by FPL are charged with high voltage electricity and to instruct and inform such persons as to safety and precautionary measures which they must use when working on or near FPL property and other FPL facilities. Licensee also covenants and agrees to notify all Other Users, the facilities of which are attached to FPL poles, if the System produces RF emissions at such poles. FPL inspects its poles on a routine basis. Poles requiring replacement are tagged by FPL for future replacement. Licensee acknowledges that these tags and FPL's pole tagging convention exist and that the form of the tags utilized by FPL may change from time to time. Licensee agrees to familiarize itself, its employees, contractors, subcontractors and agents with FPL's pole tagging conventions as provided by FPL to Licensee and any modifications to that convention, including the form of tag utilized. Licensee further covenants, acknowledges and agrees that it has a responsibility to instruct, remind and warn its employees, agents, contractors and invitees to observe, recognize and report to such individual's superiors the pole's replacement status prior to performing any work or installation on or around an FPL pole. 3.4 Licensee's Permits. Licensee, at its own expense, shall obtain all necessary permits or authorization from local, state and federal agencies or property owners with respect to the System. 3.5 Standards. (a) NESC and FPL Requirements. Except as provided in Section 3.1(a), Licensee agrees to install, construct and maintain its New Attachments with its own licensed electrician or by an approved licensed electrical contractor paid under a contract executed by Licensee all in accordance with the requirements and specifications of the NESC, latest edition, or any applicable amendments, revisions or subsequent editions of the NESC, latest edition, as well as any additional construction requirements of FPL. If any such New Attachments are found to have been installed in violation of the NESC, latest edition, or FPL requirements, Licensee shall immediately make all corrections at Licensee's expense, including Rearrangement of the System. (b) Installation of Attachments. Licensee agrees and understands that the installation, construction and maintenance of New Attachments within fifteen feet (15') of FPL's primary conductors (defined herein as all conductors with voltage potentials exceeding 750V) shall be subject to the approval of FPL within its sole and absolute discretion. Licensee's New Attachment on each pole shall be restricted to one foot (1') of pole space. This space allocation shall be located one foot (1') above the highest Other User cable attachment. The one foot (1') space allocation shall extend six inches (6") above and below Licensee's main cable attachment point. A schematic drawing is included in Exhibit A. Confidential 5 Linear Facilities Attachment Agreement 116402702.1