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2.2 Other ConfIicts. The identification of any other conflicting FPL Facilities requiring Relocation shall be undertaken by FPL pursuant to a sub sequentwritten agreement between FPL and Applicant. ARTICLE III -DESIGN AND CONSTRUCTION OF REPLACEMENT FPL FACILITIES 3.1 Design Standards. Engineering design standards and material specified shall meetFPL's current design standards. In addition, the design of the Relocation will be inconformity with all laws, codes and regulations. 3.2 Construction Standards. Materials and construction procedures shall meetFPL'scurrent construction standards. In addition, any Relocation or Replacement FPL Facilities will be accomplished in conformance with all laws, codes and regulations. ARTICLE IV - RELOCATION REIMBURSEMENT AND LOCATION OF FACILITIES 4.1 Relocation Reimbursement and AcknoWedgementof Risk. Applicant shall pay FPL for any and all costs incurred or expended by FPL in connection with the Relocation of FPL Facilities and installation of any Replacement FPL Facilities, including but not limitedto costsfor FPL Facilities de-energization. Applicant hereby acknowledges and agrees that in the eventthat FPL is required ordeems it reasonably necessary, in its sole opinion, to relocate all orany portion of FPL Facilities or Replacement FPL Facilities afterthe initial Relocation, then Applicant shall, at Ap p I ica nt's sole cost and expense, (i) pay for any and all costs incurred or expended by FPL in connection with any and a I I such relocation(s), including attorney's fees, and(ii)secure any and all replacementeasement(s) orpermit(s) requiredo r necessary, and acceptable to FPL, to accommodate such relocation(s) at Applicant's sole costand expense. Applicant understands and is awarethatthe Relocation of the FPL Facilities and installation of Replacement FPL Facilities by FPL is being done without the benefit of an easement solely as an accommodation to Applicant. Applicant also understands thatsuch Relocation involves the risk thatthe facilities may need to be relocated, one or more times, to another portion of the Replacement Area (as hereinafter described) or completely outof the Replacement Area in the future without FPL being granted the necessary and required replacement permit(s) or easement(s) to complete such relocation(s), and that Applicant is requesting FPL to undertake such Relocation with the knowledge of the d a ngers and risks involved. Applicant hereby agrees to expressly assume and accept any and all risks associate d with the Relocation of FPL Facilities and installation of Replacement FPL Facilities, including the paymentto FPL forany and all future relocation costs and expenses associated with such relocation(s), including the costs incurred or expended by FPL to obtain substitute permit(s) oreasement(s) satisfactory to FPL to accommodate the facilities which are the subjectof such relocation(s). 4.2 Location of Replacement Facilities. The Replacement FPL Facilities shall be located within the area legally described and depicted on the survey attached hereto as Exhibit B (the "Replacement Area"). ARTICLE V -COST ESTIMATES, CREDITS AND BILLING 5.1 Full Cost. Applicant shall pay FPL for the full cost of Relocation of the FPL Facilities and installation of the Replacement FPL Facilities. The Relocation work to be performed by FPL will be in accordance with the construction drawings attached hereto as Exhibit C. 5.2 Cost Estimate. Applicant shall be responsible for paying FPL 120% of the total cost estimate forthe Relocation prior to FPL commencing anywork hereunder. The estimated costto Relocate the FPL Facilities is as below: Relocation: $1.614,795.12. This cost estimate is set out in detail in Exhibit D attached hereto. Additional 20% of the cost estimate: $322,959.02. Engineering deposit received: $173,790.00. Balance due: $1,763,964.14. Applicantto provide payment in full for this amountto FPL along with two (2) signed copies of this Agreement. Applicant understands and agrees that the amount set forth in Exhibit D is an estimate only. Applicant shall be responsible for the total cost of the Relocation; provided, however, the cost for the Relocation shall not exceed 120% of a valid Relocation cost estimate based upon an actual labor bid, except as otherwise provided herein. Page 2 of 7