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53 Duration of Cost Estimate. <br />0 A cost estimate Is valid only: <br />a. Prior to construction, for 190 days from the data of the estimate Is received by Applicant (this Includes <br />the estimate attached as Exhibit C and any subsequent estimate) or <br />b. As long as the scope of work (Relocation) upon which the estimate is based has not been changed; <br />whichever first occurs. <br />5.4 Re -estimates, Scope of Work Changes <br />5.4.1 Pre -construction. If the construction of the Relocation of the FPL Facilities has not commenced within 180 <br />days of the date that the latest cost estimate is received by Applicant or if the scope of work f'Relocation°") <br />has been changed on any individual work order, prier to any construction, the estimate is invalid. A new <br />estimate is required. FPL shall provide a re -estimate of the work prior to commencement of the Relocation <br />by FPL. The Applicant shall agree in writing to pay the re -estimated cost and shall be responsible for the full <br />cost of Relocation, not to exceed 110% of the re -estimate. <br />5-42 After Start of Construction. If after the start of construction, the Applicant requests a change in the scope of <br />work (Relocat€on) of FPL Facilities or if FAL determines that there is a need for a change in the scope of <br />work (Relocation) and such change causes either the credit ratio to change or the reimbursable cost of the <br />project to change by 10°% or more, FPL shall provide the Applicant with a new estimate as soon as <br />practicable. The Applicant shall provide FPL with written approval of the re -estimate. The Applicant shall be <br />responsible for any increased cost due to unknown or unforeseen physical conditions at the site which differ <br />materially from those originally encountered. Increased costs due to differing site conditions are in addition <br />to the estimated amount and are not subject to the 110°% cap on estimated costs. <br />5.5 Credits. <br />5.5.1 The Applicant shall receive a credit for Betterment and Salvage. <br />5.5.2 The Applicant shall receive a credit for the payment of any non-refundable deposit required for estimates for <br />underground installation included within a Relocation according to the terms of the FPL Distribution <br />Conversion Tariff and FPL's Underground Distribution Conversion Agreement. <br />5.5.3 The Applicant shall receive a credit for payment made to FPL for a detailed cost estimate, if payment is <br />required by FPL prior to issuing such estimate and if the Facilities Relocation Agreement has been entered <br />into within 180 days of the date that estimate was received by the Applicant and the Relocation performed. <br />554 The Applicant shall receive no credit for payment for an estimate, and such payment shall not be refunded: <br />(a) if the Applicant has not executed a Facilities Relocation Agreement within 180 days of the date that <br />estimate was received by the Applicant, (b) if a subsequent estimate is required or (c) if the Applicant <br />terminates the Agreement. <br />5.5.5 Any estimate provided to the Applicant after the initial, detailed estimate shall be done at additional cost and <br />expense to Applicant. Applicant's payment for estimates shall be credited or retained by FPL as provided <br />above. <br />5.6 Billing and Payment. FPL shall bill the Applicant for cost incurred not more frequently than once monthly. The <br />Applicant shall have twenty (20) days from the date of an invoice to approve the invoice and any accompanying <br />information supplied by FPL. Failure to provide FPL with written notice to the contrary within the twenty (20) day <br />period shall constitute approval by the Applicant of the invoice against which payment must be remitted in full to FPL <br />within forty-five (45) days of the date of the invoice. If payment by the Applicant is not postmarked within forty-five <br />(45) days of the date of the invoice, then a late payment charge shall be assessed in the amount of one percent (1°%) <br />of the amount of the billing per month, or the highest amount then permitted by law. <br />5.7 Final Bill, Upon completion of the work, FPL shall at the earliest date practicable furnish to the Applicant a final and <br />complete billing of all costs incurred in connection with performance of Relocation of the FPL Facilities less any <br />prepaid credits for additional cost estimates <br />5,8 Refund and Effect of Termination. <br />5.8.1 Consistent with the terms of this Agreement, FPL shall refund to the Applicant any amounts which the Applicant <br />has paid to FPL beyond the full cost of Relocation. <br />5.8.2 In the event that this Agreement is terminated due to the cancellation or indefinite suspension of worts in <br />furtherance of the Applicant's construction, the Applicant shall be responsible for the costs of Relor✓ation <br />already incurred, including but not limited to all engineering, design, equipment, and materials cost, lahor <br />page 3 of 6 tsovemrnenlal FarilAies Relocation Agreerrem (rev MOO) <br />