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� 18 - 13 s Io. A2 . NON-EXCLUSIVE FRANCHISE AGREEMENT d T This NON-EXCLUSIVE FRANCHISE AGREEMENT (the "Agreement") is entered into thislatj2.day of June , 2013 between Indian River County, a political subdivision of the State of Florida, ("County"), and Pivotal Utility Holdings, Inc . , a New Jersey corporation d/b/a Florida City Gas ("Franchisee") . (County and Franchisee shall sometimes be collectively referred to as the "Parties" and, individually, as a "Party") . WITNESSETH : WHEREAS, the County desires to grant a non-exclusive franchise to permit the construction, maintenance and operation of Natural Gas facilities within the County; and WHEREAS, the Franchisee is capable of providing such services. NOW, THEREFORE, the Parties agree as follows. SECTION 1 . DEFINITIONS a. "County" shall mean Indian River County, a political subdivision of the State of Florida. b . "Franchise" shall mean this Agreement and the rights granted to Franchisee hereunder. c . "Franchisee" shall mean Pivotal Utility Holdings, Inc . , a New Jersey corporation d/b/a Florida City Gas, and its successors and approved assigns. d. "Gas System Facilities" or "Facilities" shall mean and include, but not be limited to, gas mains, pipes, supply pipes, conduits, ducts, service connections, manholes, regulators, drip pots, control devices, and any other hardware or other appurtenances used as a means of conveying, distributing or selling Natural Gas for the purpose of supplying Natural Gas to the meter of the Customer, constructed both prior to and during the term of this Agreement. e . "Customers" shall mean all residences, businesses, governmental entities and industrial establishments located within the County purchasing Natural Gas from Franchisee . h, f "FPSC" shall mean the Florida Public Service Commission. g. "Franchise Fee" shall mean the fees ., described in Section 8 of this Agreement. 1