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A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />J.R. SMITH, CLERK
<br />the Federal Communications Commission ("FCC"); (b) perform no less than annual inspections, testing,
<br />and all necessary maintenance, relocation and restoration required in order that the Fibers may operate
<br />within certain required parameters; and (c) the construction, installation, operation, alteration,
<br />maintenance, repair, removal, and replacement of communication equipment including horizontal and
<br />vertical conduits, cables, wires, fibers, junction boxes, hangers, pull boxes and other appurtenant facilities
<br />and improvements owned or operated by Licensee or by Licensee together with Indian River County and
<br />the School Board of Indian River County, Florida under the Revised and Restated Joint Fiber Optics
<br />Project Interlocal Agreement, made as of May 19, 2015, singularly and collectively (collectively, the
<br />"Communications Equipment") for the purpose of providing telecommunication services to or for the
<br />benefit of entities other than and in addition to Licensor, but not for any other purpose. Licensee and its
<br />authorized personnel and subcontractors may at any and all times, enter the Licensed Premises, including
<br />Licensor's substation control structures at those structures where Licensee's Communications Equipment
<br />is installed and/or for the specific purposes set forth above. Licensee shall, and shall ensure that its
<br />personnel and subcontractors, (i) only enter the Licensed Premises while being escorted by an FPL
<br />Transmission employee and (ii) at all times strictly comply with the instructions of such FPL
<br />Transmission employee. Licensee is the sole owner of substation 1, and nothing in this License will be
<br />deemed or construed as granting, acknowledging or conveying any interest is such substation to Licensor.
<br />However, operation of such substation is subject to the Substation Equipment Operating and Dismantling
<br />Agreement between the Parties and Licensor acknowledges and agrees that Licensee will continue to use
<br />the fiber optic system located at substation number 1 until such- lines and system is modified, moved or
<br />relocated in accordance with the Substation Equipment Operating and Dismantling Agreement.
<br />2. Term. This License shall continue in full force and effect until all of the following have occurred:
<br />(a) Licensor has relocated all Communications Equipment from the current location of such Communications
<br />Equipment to the locations approved by the parties as a part of the Change Plan, defined below, as to each
<br />parcel of the Licensed Premises and (b) the appropriate instrument or agreement is executed and delivered by
<br />Licensor permitting the Communication Equipment to remain at the location constructed in accordance with
<br />the Change Plan on a permanent basis as described in Section 5 (d) below, and (c). Licensee has accepted
<br />such relocated Communications Equipment. .
<br />3. Access Fees. If access to the Licensed Premises, or any of them, is required by Licensee solely for
<br />the purpose of accessing the Licensee's Communications Equipment, and for no other purpose, Licensee shall
<br />have the right during the first five years after the Effective Date to make entry free of charge no more than
<br />two (2) trips per month, each trip not to exceed ten (10) hours, including travel time between substations
<br />("Monthly Allowed Access"). Licensee may visit more than one substation during a particular trip. Should
<br />Licensee exceed the Monthly Allowed Access, Licensee shall be charged the sum of One Hundred Dollars
<br />and 00/100 ($100.00) per hour for each hour or partial hour access to any of the Licensed Premises is required
<br />(the "Access Fees"). Such Access Fees shall constitute an offset, on a dollar for dollar basis, against any
<br />one or more payments due to be made from Licensor to Licensee as License Fees pursuant to the terms of
<br />the Fiber License Agreement. Notwithstanding anything to the contrary herein, Licensee shall not be
<br />required to pay Access Fees if such access is required for work, which shall include without limitation,
<br />resolving Fiber outages and performing conductivity tests for Fiber issues, to be performed on the Fibers.
<br />Licensee agrees to pay the fees specified in this section 3 as to its access to substation 1 to compensate
<br />Licensor for any Licensor personnel needed to accompany Licensee employees or contractor at the
<br />substation for safety reasons.
<br />4. Licensor's Rights. Licensee agrees to never claim any interest or estate of any kind or extent
<br />whatsoever to or in the Licensed Premises by virtue of this License or the occupancy or use hereunder.
<br />Licensee's use of the Licensed Premises shall always be subordinate to Licensor's rights to and in the Licensed
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