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Pole Attachments - Construction Standards

Allocation of Costs for Rearrangement, Relocation and Removal of Facilities

(a) The costs for any rearrangement, relocation and removal of Licensee's facilities not requested by the Licensee, including those required by Articles 8, 9, 10 and 14 shall be allocated to the Licensor, Licensee or other entity on the following basis:

(1) if the rearrangement, relocation or removal of Licensee's facilities is the result of an additional attachment or the modification of an existing attachment sought by and entity other than the Licensor or Licensee, Licensee may request reimbursement for transfers or rearrangements from the third party requesting the modification;

(2) if the rearrangement, relocation or removal of Licensee's facilities is the result of the need to upgrade or reconfigure Licensor's energy distribution/transmission system, the Licensee shall be responsible for the rearrangement, relocation or removal of Licensee's facilities provided however that Licensor shall make such transfers as may be applicable if Licensee has elected to purchase services included in the bundled services rate as set forth in Exhibit D. Licensor shall make a good faith effort to provide Licensee with adequate notice of the need for the rearrangement, relocation or removal and attempt to minimize the need for rearrangement, relocation or removal of Licensee's facilities. If rearrangement, relocation or removal of Licensee's facilities is required which Licensor would not make under the bundled rate in Exhibit D, Licensee shall make such modifications as quickly as possible.

(b) Where Licensor rearranges its facilities to accommodate Licensee, Licensee shall pay Licensor's estimated cost of rearrangement in advance and Licensor shall thereupon make such changes in accordance with Exhibit A. Said estimate expires after the lapse of three (3) months.

(c) In the event a request for attachments is made by Licensee and steps are taken by Licensor to carry out the request by performing necessary engineering and administrative work and the job is canceled by Licensee causing the job not to be done or completed, Licensee shall reimburse Licensor for the actual costs incurred by Licensor with respect to the canceled job, including engineering, clerical, administrative and construction costs.

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