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5.3 Duration of Cost Estimate. Thecostestimate referencedin Section 5.2 above is valid for ninety (90) days from the date the cost estimate is delivered to Applicant (this includes the cost estimate attached as Exhibit D and any subsequent cost estimate), subject to the terms and conditions set forth in Section 5.4 below. 5.4 Re -estimates, Scope of Work Changes, Transmission Line Clearance Cancellation. 5.4.1 Pre -construction. If the construction ofthe Relocation of the FPL Facilitieshas notcommen ced with in one hundred eighty (180) days of the date thatthe latest cost estimate was deliveredto Applicant, or if Ap p I ica nt requests a change in the Relocation scope of work on any individual work order prior to FPL com mencing any Relocation work construction, such cost estimate is invalid and a new cost estimate shall be required, whereupon FPL shall provide a re-estimateof the Relocation work priorto commencementof the Relocation by FPL. Applicant must agree in writingto paythe re -estimated costand shall be responsible forthe full cost of Relocation, notto exceed 120% of the re -estimate, except as expressly set forth otherwise herein. 5.4.2 After Start of Construction. If after FPL starts Relocation construction any of the following occurs: (a) Applicant requests a change in the Relocation scopeof work of FPL Facilities; (b) FPL determinesthatthere is a need fora change in the Relocationscope of work and such change causes the reimbursable costof the Relocation to change by20% or more; or (c) there is an increase in costs due to unknown orunforeseen physical conditions atthe site which differ materially from those originally encountered-, FPL shall provide Applicantwith anew cost estimateas soon as practicable, and Applicant shall pay any increased costs in the revised cost estimate, plus 20% thereof, to FPL within thirty (30) days after receipt of the revised cost esti m ate. 5.4.3 Transmission Line Clearance Availabilityand/orCancellation. Applicant understands and agrees that the Relocation requires the de-energization ofFPL Facilities in orderto perform the Relocation work here un der. In the event the FPL system operator considers the FPL power system is at risk, then FPL, in FPL's sole discretion, may cancel, limit and/or reschedule the approved FPL Facilities de-energization at any time, whereupon Applicant, atApplicant's solecostand expense, shall be responsiblef or th e entire cost: (i)to com pensate the line contractoratits stand by rate fora minimum of eight(8) crew hours per day for each day; and/or(ii) to demobilize its crew, until the newdate the Transmission Line Clearance has been obtained and the FPL Facilities have been de -energized. Such transmission line clearance cancellation costs (or restriction for limited hours or nightwork) shall will be added to the total costof the Relocation to be paid by Applicantand shall not be subjecttothe limits setforth in Sections 5.4.1 and 5.4.2 above. 5.5 Credits. 5.5.1 Applicant shall receive a credit for the payment of any non-refundable deposit required for the design, engineering, and estimating of the Relocation of FPL Facilities (as setforth above in Section 5.2). 5.5.2 Applicant shall receivea creditfor paymentmadeto FPL hereunder, if payment is received by FPL prior to issuing a detailed costestimate and if this Agreement has been entered intowithin ninety (90) days of the date thatestimate was delivered to Applicantand the Relocation performed. 5.5.3 Applicant shall receive no credit for payment hereunder, and such payment shall not be refunded: (a) if Applicant has not executed this Agreementwithin ninety (90) days of the date a detailed cost esti mate was received by Applicant, (b) if a subsequent costestimate is required and not paid, plus an add itionat 20% of any increased costthereof, within thirty (30) days of the date Applicant receives the new cost estimate; or (c) if Ap p I i ca nt to rm i nates this Agreement. 5.5.4 Anycost estimate providecto Applicant after the initial detailed cost estimate shall be done atadditional cost and expense to Applicant. Applicant's paymentfor costestimates shall be credited o r retained by FPL as provided above. 5.6 Billing and Payment. Priorto the com m encement of any Relocation of FPL Facilities under this Agreement, Applicant shall pay in advance the full estimated cost of such Relocation per Sections 5.2 and 5.4.2 and 5.4.3 above. 5.7 Final Bill. Upon completion ofthe Relocation, FPL shall atthe earliestclate practicable furnish to Applicant a final billing ofall outstanding costs, including any overhead costs, incurred in connection with performance of Relocation of the FPL Facilities less any prepaid credits for additional cost estimates. Applicant shall have thirty (30) days from the date of an invoice to approve and pay the invoice. Failureto provide FPL with written notice to the contrary within the thirty (30) day period shall constitute approval by Applicant of the invoice againstwhich payment must be remitted in full to FPL within thirty (30) days of the date of the invoice. If payment by Applicant is not postmarked within th i rty (30) days of the date of the invoice, then a late payment charge shall be assessed in the amountof one and one-half Page 3 of 7