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To Applicant: Joseph H. Earman, Chairman (Name and Title) With Copies to: To FPL: Tom Colucci Transmission Relocation Coordinator Florida Power & Light Company 700 Universe Boulevard. TS4/JW Juno Beach, FL 33408 7.12 Notification of FPL Facilities, Form 360. Applicantacknowledges that high voltage electric lines are located in the area of Applicant's projectand agrees to warn its employees, agents, contractors and invitees, new and experienced al i ke, of the danger of holding on to or touching a cable or other piece of equipment that is located or working close to any overhead power line and to use all safety and precautionary measures when working under or near FPL Facilities. Applicant acknowledges and agrees that he has read and will complywith the Notification of FPL Facilities attached herelo as Exhibit E. Applicant shall sign and return two (2) copies of the attached Notification of FPL Facilities along with two (2 ) signed copies of this Agreement. 7.13 Force Majeure. (a) Neither Partyshall be liable orresponsible foranydelayin the performance of, orthe abilityto perform, anyduty orobligation required bythis Agreementin the eventof a Force Majeureoccurrenoe. Such occurrence shall include, butshallnotbe limitedto acts of civil ormilitary authority (including courts or administrative agencies), acts of God,war,riot, or insurrection, inabilitytoobtain required pen -nits orlicenses, blockades, embargoes, sabotage, epidemics, fires, unusually severe floods orweather (anywhere in the United States where FPL uti I i ty workers and contractors support restoration), strikes, lockouts or other labor disputes or difficulties. The obligation of either Party to pay money in a timely manner is absolute and shall not be subject to the Force Majeure provisions. "Force Majeure" as used herein means, without limitation, any cause or event not reasonably within the control of FPL or Applicant. (b) In the eventof any delay resulting from a Force Majeure circumstance, the time for pe rfon-nance hereundershall be extended fora period of time reasonably necessaryto overcomethe effectof such delays. (c) In the eventof any delay or nonperformance caused bya Force Majeure circumstance, the Party affected shall promptly notify the other in writing. 7.14 Severability. In the eventthat any of the provisions or portions or applications thereof of this Agreement are heldto be unenforceable or invalid by any courtof com petentjurisdiction, Applicant and FPL shall neg oti ate an equitable adjustment in the affected provisions of this Agreement. The validity and enforceability of the remaining independent provisions shall not be affected. 7.15 Effective Date. This Agreement shall become effective upon execution by the Parties and shalI continue in effect until completion of all Relocation work by FPL unless otherwise provided herein or earlier termination in acco rda nce with this Agreement. 7.16 Complete Agreement. This Agreement shall be signed by the authorized representatives of both Parties and constitutes the final written expression of all the terms of the agreement between the Parties and is a complete and exclusive statement of those terms. Any and all prior or contemporaneous course of dealing, representations, promises, warranties or statements by the Parties ortheiragents, employees, or representatives that differ in any way from the terms of this written Agreementshall be given no force or effect. [Signatures appearon following page.] Page 6 of 7