Entergy Mississippi, Inc.
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Pole Attachments - Construction Standards

Access Rights

(a) Licensee shall secure satisfactory lawful authority, permits and rights to place, maintain and operate its attachments on Licensor's facilities and obtain agreements from the owners of private property, if required, including the right to construct, maintain and operate the attachments on Licensor's facilities which it occupies. Licensee shall defend, indemnify and reimburse Licensor all loss and expense, including attorneys' fees, as provided for in Article 18, which Licensor may incur as a result of claims from governmental bodies, owners of property or others that Licensee has not a sufficient right or authority for placing, operating and maintaining Licensee's attachments on Licensor's facilities.

(b) Licensee and Licensor shall at all times observe and comply with all laws, ordinances and regulations which in any manner affect the rights and obligations of Licensor under this Agreement, so long as such laws, ordinances or regulations remain in effect; and the provisions of this Agreement shall be subject to all such laws, ordinances and regulations. Licensee will also undertake the requisite environmental assessments it deems appropriate.

(c) The primary use of any facility is for the provision of utility service. (i) Licensor may reserve space on its own facilities if such reservation is consistent with a bona fide development plan that reasonably and specifically projects a need for that space in the provision of its core utility service. Licensor may permit Licensee to use the reserved space until the Licensor has an actual need for that space. When Licensor reclaims the space, it must afford the Licensee the opportunity to pay for the cost of any modifications needed to expand capacity in order to maintain its attachment. (ii) In the event Licensee's attachments interfere with the provision of electric service, Licensee agrees to remove its attachments at its own expense. Licensee shall not permit or suffer the installation and existence of any other improvement (including, without limitation, transmission or reception devices) upon the Licensee's attachments to Licensor's facilities or premises if such improvement materially interferes with transmission or reception by Licensor's facility in any manner whatsoever.

(d) Any offer and acceptance of an attachment agreement may be subject to regulatory approval.

(e) Licensee shall be solely responsible for securing all necessary or appropriate approvals, consents, permits, permission, certificates or other authority (the "Approvals") from any Governmental Authority having jurisdiction over Licensee's use of the Licensor's Facilities, including but not limited to the Federal Communications Commission ("FCC") and the Federal Aviation Administration ("FAA"). Upon reasonable notice and request, Licensor shall provide Licensee with existing documentation or information regarding Licensor's facilities that Licensee may need to secure the necessary approvals. Licensee shall obtain all required approvals prior to effective date, including but not limited to (1) a completed copy of FAA Form 7460 or study number and (2) copies of current AM/FM FCC licenses relating to Licensee's attachments.

(f) Without limiting the generality of the foregoing, all installations, lighting, obstruction markings, and operations in connection with this Agreement by Licensee shall comply with all Applicable Law promulgated by each Governmental Authority having jurisdiction over same, including but not limited to the FAA and the FCC, and Licensor has no responsibility or liability for any of same.

(g) Failure to comply with this Article shall constitute a default of this Agreement on the part of Licensee.

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