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t• 4* 2.2 father Conflicts. The identification of any other conflicting facilities of FPL requiring Relocation shall be undertaken by FPL pursuant to a subsequent written agreement between FPL and the Applicant. 2.3 Distribution Conversion. if an Applicant has requested a conversion of distribution facilities as part of a Relocation of Facilities, the FPL Distribution Facilities Conversion Agreement which Is approved by the Florida Public Service Commission shall be attached hereto and incorporated herein. The Indemnity and Insurance provisions of this Agreement shall apply to all Distribution Conversions which are part of Relocation. In addition, all other terms and conditions of this Agreement which are not expressly modified by the Addendum attached hereto shall remain in full force and effect. If there is a direct conflict between this Agreement and the attached Addendum, then the Underground Distribution Conversion Tariff and the Underground Distribution Conversion Agreement shall prevail as to that specific term or condition. _. Underground Distribution Facilities Conversion Agreement is attached hereto and incorporated herein. _X This Project does not involve a conversion of electric distribution facilities. ARTICLE III - DESIGN AND CONSTRUCTION OF REPLACEMENT FACILITIES 3.1 Design Standard . Engineering design standards and material specified shall meet FPL's Current Design Standards. In addition, the design of Relocations will be in conformity with all laws and regulations. 3.2 Construction Standards. Materials and construction procedures shall meet FPL's Current Construction Standards. In addition, Relocations or Replacement Facilities will be accomplished in conformance with all taws, codes and regulations. ARTICLE: IV - REPLACEMENT RIGHT-OF-WAY 4.0 Replacement Right -4f -Way. The Applicant shall provide FPL with replacement rights-of-way in one of the following manners: (a) The Applicant shall reimburse FPL for costs associated with the identification and acquisition of replacement rights-of-way, including, but not limited to, FPL's attorney fees for costs in prosecuting or in connection with any condemnation actions for the acquisition of necessary rights-of-way. _X_ (b) The Applicant shall convey or grant to FPL replacement rights-of-way sufficient to permit FPL to accomplish Relocations of the FPL Facilities and to operate and maintain the Replacement Facilities in accordance with FPL's customary practices, Such conveyances or grants of replacement rights-of-way shall be accomplished at no cost to FPL and in a form and substance satisfactory to FPL. 4.1 Location of Replacement Right -of -Way. The Location of the aforesaid replacement rights-cf-way are generally set forth in Exhibit B attached hereto. ARTICLE V - COST ESTIMATES, CREDITS AND BILLING 5.1 Full Cast. The Applicant shall pay FPL for the full cost of Relocation of the FPL Facililies. The work to be performed by FPL will be in accordance with the construction drawings attached hereto as Exhibit B3 5.2 Cost Estimate, The Applicant shall be responsible for the total cost of the project. The estimated cost to relocate the FPL Facilities is (a) and b) below: a. Relocation; $320,521.00. This cost estimate is set out In detail in Exhibit C attached hereto; and b. Relocation. Distribution 566,752.00 Total this project $397,273.00 The Applicant understands and agrees that the amount set forth in Exhibit C is an estimate only. The Applicant shall be responsible for the total cost of the project. The cost for the Relocation portion shall not exceed 110% of a valid Relocation cost estimate, except as provided herein. Page 2 of 6 Govermnenlal Facirllies Relocation Agreement (rev. 2000)