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ELK RIVER MUNICIPAL UTILITIES <br />POLE ATTACHMENT AGREEMENT <br />This agreement ("Agreement") is made this day of , by and <br />between ELK RIVER MUNICIPAL UTILITIES ("Owner') and ("Licensee"). <br />1. Grant of License. Owner grants to Licensee, upon the terms and subject to the conditions set <br />forth herein, the right to attach Licensee's communication line, including wires and <br />appurtenances thereto ("Communication Equipment") to those poles of the Owner located <br />within the Owner's service territory within the City of Elk River, the City of Otsego, the City of <br />Dayton, and Big Lake Township; identified in Exhibit A attached hereto and incorporated herein. <br />2. License Fees. <br />a. Licensee agrees to pay to Owner an Annual License Fee ("Annual License Fee') for each <br />pole upon which the Licensee's Communication Equipment is attached. <br />b. The Annual License Fee shall be in the amount of the pole attachment rate set by Owner <br />from time to time. The current pole attachment rate is set forth in Exhibit B attached <br />hereto and incorporated herein. <br />c. The Annual License Fee shall be paid on or before January 31~` of each year for so long <br />as this Agreement remains in effect. There shall be no proration for any period of time <br />of less than on year. <br />d. As an additional license fee, Licensee shall reimburse Owner for all expenses incurred by <br />Owner in making necessary alterations or additions to its poles for the purpose of <br />accommodating Licensee's Communication Equipment, including costs allocated to <br />Licensee by Owner pursuant to Paragraph 6 hereof. <br />3. Maintenance of Communication Equipment. licensee will be responsible for maintenance of <br />the Communication Equipment and will have the right to access the Communication Equipment <br />for maintenance purposes. However, Licensee must give Owner written notification before <br />commencing any maintenance activities. Licensee will maintain its Communication Equipment <br />at no cost to Owner. It is specifically contemplated and understood by the parties that Owner <br />will not incur any financial responsibility relative to the Licensee's use of the poles during the <br />term of this Agreement. Any and all costs incurred by Owner related to Licensee's <br />Communication Equipment will be reimbursed by Licensee. <br />Page 1 of 5 <br />