2023-667-P-Duke Energy Carolinas-Fiber attachment Agreement

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STATE OF North Carolina: LICENSE i COUNTY OF Orange THISAGREEMENT, made this 27th day of September, 2023 , by and between Orange County Government, hereinafter called Licensee, and DUKE ENERGY CAROLINAS , LLC, hereinafter called Licensor , WI TNESSE TII. That in consideration of the mutual covenants and agreements herein contained on the part of the i respective parties to be performed, said parties have agreed and do agree as follows . WHEREAS, Duke Energy Carolinas, LLC owns a certain electric distribution system located along a route(s) US 70 East, Revere Rd, N. Nash Street, W. Union Street, N. Occoneechee Street, W. Tryon Street, N. Hassel Street, W. King Street, S . Wake Street, W. Margaret Lane , as shown on Exhibit " A" and Exhibit "B ", dated 22nd of May, 2023 , a copy of which is attached hereto and made a part hereof; and, WHEREAS, Licensee desires to attach its fiber optic cable to approximately Eighty-Seven (87) poles of Licensor along the route shown on Exhibit " A " and Exhibit "B " hereto attached, and WHEREAS, that for and in consideration of the payment by the Licensee for the sum of $ 1 . 00 , and the agreement on the part of Licensee that it shall reimburse Licensor for any field survey and make-ready cost incurred in preparation of its facilities for use by the Licensee, the Licensor grants to Licensee permission, to the extent that the same may be lawfully given, and subject to the provisions of any and all Acts of Assembly, Municipal Ordinance and Regulations and Orders of the State Public Utility Commission now in force, or hereafter enacted, to attach its fiber optic cable to the aforesaid poles of Licensor for a period of ten ( 10) years , subject to renewal at the expiration thereof. In consideration of the granting of this attachment permit, Licensee agrees that its attachments to said poles shall be made and maintained at its sole expense, in accordance with the specification set forth in