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+i» i • 5.3 'Duration of Gust Estimate. A cost estimate Is valid only: a, wrier to construction, for 180 days from the date of the estimate Is received by Applicant (this Includes ilia estimate attached as Exhibit C and any subsequent estimate) or b. As long as the scope of work (Relocation) upon which tite estimate Is based has not been changed; whichever first occurs. 5.4 Re -estimates Scope of Work Cha es. 5.4,1 pro -construction. If the construction of the Relocation of the 'FPL Facilities has not commenced within 180 days of the date that the latest cost estimate is received by Applicant or if the scope of work ("Relocation") has been changed on any individual work order, prior to any construction, the estimate is invalid. A new estimate is required. FPL shall provide a re -estimate of the work prior to commencement of the Relocation by FPL. The Applicant shall agree in writing to pay the re -estimated cost and shall be responsible for the full cost of Relocation, not to exceed 110/0 of the re -estimate. 5.4.2 After Start of Constrtotion. If after the start of construction, the Applicant requests a change in the scope of work (Relocation) of FPL Facilities or if FPL determines that there is a need for a change in the scope of work (Relocation) and such change causes either the credit ratio to change or the reimbursable cost of the project to change by 10% or more, FPL shall provide the Applicant with a new estimate as soon as practicable. The Applicant shall provide FPL with written approval of the re-eslimate. The Applicant shall be responsible for any increased cost due to unknown or unforeseen physical conditions at the site which differ materially from those originally encountered. Increased costs due to differing site conditions are in addition to the estimated amount and are not subject to the 110% cap on estimated costs. 5.5 Credits. 5.5.1 The Applicant shall receive a credit for Betterment and Salvage. 5.52 The Applicant shall receive a credit for the payment of any non-refundable deposit required for estimates for underground installation included within a Relocation according to the terms of the FPL Distribution Conversion Tariff and FPI2s Underground Distribution Conversion Agreement. 5.5.3 The Applicant shall receive a credit for payment made to FPL for a detailed cost estimate, if payment is required by FPL prior to issuing such estimate and if the Facilities Relocation Agreement has been entered into within 180 days of the date that estimate was received by ilia Applicant and the Relocation performed. 5.5.4 The Applicant shall receive no credit for payment for an estimate, and such payment shall not be refunded: (a) if the Applicant has not executed a Facilities Relocation Agreement within 184 days of the date that estimate was received by the Applicant, (b) if a subsequent estimate is required or (c) if the Applicant terminates the Agreement. 5.5.5 Any estimate provided to the Applicant after the initial, detailed estimate shall be done at additional cost and expense to Applicant. Applicant's payment for estimates shall be credited or relained by FPL as provided above. 5.6 Billing and Payment. FPL shall bill the Applicant for cost incurred not more frequently than once monthly. The Applicant shall have twenty (20) days from the date of an invoice to approve the invoice and any accompanying information supplied by FPL. Failure to provide FPL with written notice to ilia contrary within the twenty (20) day period shall constitute approval by the Applicant of the invoice against which payment must be remitted in full to FPL within forty-five (45) days of the date of the invoice. If payment by the Applicant is not postmarked within forty-five (45) days of the date of the invoice, then a late payment charge shall be assessed in the amount of one percent (1,e) of the amount of the billing per month, or the highest amount then permitted by law. 5.7 Final Bill. Upon completion of the work, FPL shall at the earliest date practicable famish to the Applicant a final and complete billing of all costs incurred in connection with performance of Relocation of the FPL Facilities less any prepaid credits for additional cost estimates. 5.8 Refund and Effect of Termination. 5.8.1 Consistent with the terms of this Agreemont, FPL shall refund to the Applicant any amounts which the Applicant has paid to FPL beyond the full cost of Relocation. 5.8.21n the event that this Agreement is terminated due to the cancellation or indefinite suspension of work in furtherance of the Applicant's construction, the Applicant shall be responsible for the costs of Relocations already incurred, including but not limited to all engineering, design, equipment, and materials cost, labor costs, and if any, the costs of replacement facilities already installed, necessary to place FPL's (Facilities into a permanent condition suitable to provide continuous, reliable electric service to the public in accordance Page 3 of 6 Govornmenial Facilities Ralocalion Agrooment (mv. 2JBI DO)