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IT IS MUTUALLY AGREED THAT:
<br /> 7 . Modifications to the facilities provided by FPL under this agreement , other than for maintenance, may only be made through the
<br /> execution of an
<br /> additional street lighting agreement delineating the modifications to be accomplished . Modification of FPL street lighting facilities
<br /> is defined as
<br /> the following :
<br /> a . the addition of street lighting facilities:
<br /> b, the removal of street lighting facilities; and
<br /> c, the removal of street lighting facilities and the replacement of such facilities with new facilities and/or additional facilities .
<br /> Modifications will be subject to the costs identified in FPL's currently effective street lighting rate schedule on file at the FPSC ,
<br />or any successive
<br /> schedule approved by the FPSC .
<br /> 8. FPL will , at the request of the Customer, relocate the street lighting facilities covered by this agreement, if provided
<br /> sufficient right-of-ways or
<br /> easements to do so. The Customer shall be responsible for the payment of all costs associated with any such Customer- requested
<br /> relocation
<br /> of FPL street lighting facilities. Payment shall be made by the Customer in advance of any relocation .
<br /> 9 . FPL may, at any time, substitute for any luminaire/lamp installed hereunder another luminaire/lamp which shall be of at least
<br /> equal illuminating
<br /> capacity and efficiency.
<br /> 10 . This Agreement shall be for a term of ten ( 10) years from the date of initiation of service , and , except as provided
<br /> below, shall extend thereafter
<br /> for further successive periods of five (5) years from the expiration of the initial ten ( 10) year term or from the expiration
<br /> of any extension thereof.
<br /> The date of initiation of service shall be defined as the date the first lights are energized and billing begins, not the date
<br /> of this Agreement. This
<br /> Agreement shall be extended automatically beyond the initial the (10) year term or any extension thereof, unless either
<br /> party shall have given
<br /> written notice to the other of its desire to terminate this Agreement . The written notice shall be by certified mail and shall
<br /> be given not less than
<br /> ninety (90) days before the expiration of the initial ten (10) year term , or any extension thereof.
<br /> 11 . In the event street lighting facilities covered by this agreement are removed , either at the request of the
<br /> Customer or through termination or
<br /> breach of this Agreement, the Customer shall be responsible for paying to FPL an amount equal to the original installed
<br /> cost of the facilities
<br /> provided by FPL under this agreement less any salvage value and any depreciation (based on current depreciation rates
<br /> as approved by the
<br /> FPSC) plus removal cost.
<br /> 12 . Should the Customer fail to pay any bills due and rendered pursuant to this agreement of otherwise fail to perform the
<br /> obligations contained in
<br /> this Agreement, said obligations being material and going to the essence of this Agreement, FPL may cease to supply electric energy
<br /> or service
<br /> until the Customer has paid the bills due and rendered or has fully cured such other breach of this Agreement. Any failure of
<br /> FPL to exercise its
<br /> rights hereunder shall not be a waiver of its rights. It is understood , however, that such discontinuance of the supplying
<br /> of electric energy or
<br /> service shall not constitute a breach of this Agreement by FPL, nor shall it relieve the Customer of the obligation to perform
<br />any of the terms and
<br /> conditions of this Agreement .
<br /> 13. The obligation to furnish or purchase service shall be excused at any time that either party is prevented from complying with
<br /> this Agreement by
<br /> strikes, lockouts, fires , riots, acts of God , the public enemy, or by cause or causes not under the control
<br /> of the party thus prevented from
<br /> compliance and FPL shall not have the obligation to furnish service if it is prevented from complying with this Agreement by reason
<br /> of any partial ,
<br /> temporary or entire shut-down of service which , in the sole opinion of FPL, is reasonably necessary for the purpose of repairing
<br /> or making more
<br /> efficient all or any part of its generating or other electrical equipment.
<br /> 14. This Agreement supersedes all previous Agreements or representations, either written , oral or otherwise between the Customer and
<br /> FPL , with
<br /> respect to the facilities referenced herein and constitutes the entire Agreement between the parties. This Agreement does not create
<br /> any rights
<br /> or provide any remedies to third parties or create any additional duty, obligation or undertakings by FPL to third parties.
<br /> 15. This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and FPL .
<br /> 16, This Agreement is subject to FPL's Electric Tariff, including , but not limited to, the General Rules and Regulations for
<br /> Electric Service and the
<br /> Rules of the FPSC , as they are written , or as they may be hereafter revised , amended or supplemented . In the event of any conflict
<br /> between the
<br /> terms of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rules, the provisions of the Electric Tariff
<br />and FPSC Rules
<br /> shall control, as they are now written , or as they may be hereafter revised , amended or supplemented .
<br /> IN WITNESS WHIEREOF, the parties hereby caused this Agreement to be executed in triplicate by their duly authorized representatives
<br /> to
<br /> be effective as of the day and year first written above .
<br /> Charges and Terms Accepted :
<br /> INDIAN RIVER COUNTY BOCC FLORIDA WER 8 LIGHT COMPANY
<br /> Customer (Print or type name of Organization)
<br /> By'
<br /> By:�
<br /> Signatur (Authorized Representative) (Signature)
<br /> Wesley S De V 1 S ARMLIGHT MARJAN
<br /> ( Print or type name) ( Print or type name)
<br /> Title: Chairman Title: TECHNICAL SPECIALIST
<br /> ,APPROVED AS TO FORM
<br /> AND GAL SUFF ENCY
<br /> ar
<br /> GEORGE k GLENN
<br />
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