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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 31St 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 />