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4. Design Standards. The construction, reconstruction and planning of the Licensee's <br /> Communication Equipment shall at all times be in conformity with the National Electric Safety <br /> Code, as amended and all applicable Federal, State,and Local regulations and requirements. All <br /> plans for the construction and maintenance of Licensee's Communication Equipment shall be <br /> prepared by a qualified and certified engineer and submitted to Owner for review and approval <br /> prior to the commencement of any work. <br /> 5. Right of Way for Licensee's Attachments. Owner does not, in any manner,warrant or covenant <br /> with the Licensee regarding the validity of any easements,franchise or other authorizations <br /> whereby the Owner's poles and electric system were erected, nor does Owner in any manner <br /> warrant or covenant with Licensee regarding the validity of any rights hereby given with respect <br /> to easements, franchises and maintenance of Licensee's Communication Equipment. <br /> 6. Division of Costs. <br /> a. The cost of erecting new poles covered by this Agreement,to construct new pole lines, <br /> to make extensions to existing pole lines or to replace existing poles,shall be borne by <br /> the parties as follows: <br /> i. The cost in place of a normal pole or pole smaller than normal shall be borne by <br /> Owner. Owner shall have sole discretion to determine,from time to time,the <br /> specifications for a normal pole. <br /> ii. In the case of a pole larger than normal,where all or part of the extra height or <br /> strength is necessary because of the requirements of Licensee, including <br /> requirements for keeping Licensee's communication equipment clear of trees or <br /> to meet required clearances,the extra cost in place of such a pole shall be borne <br /> by Licensee. <br /> iii. In the case of a pole larger than normal where all or part of the extra height or <br /> strength is necessary because of requirements of Owner, including <br /> requirements for keeping Owner's wire or electric distribution equipment clear <br /> of trees or to meet required clearances,the extra cost in place of such a pole <br /> due to Owner's requirements shall be borne by Owner. <br /> iv. In the case of a pole larger than normal where all or part of the extra height or <br /> strength is necessary because of the requirements of both parties,or the <br /> requirements of public authorities or property owners (other than requirements <br /> with regard to keeping the equipment of one party only clear of trees or to keep <br /> the required clearance for that one party), Licensee shall pay the Owner a sum <br /> equal to one-half the difference between the cost in place of such pole and the <br /> Page 2 of 5 <br />