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2013-112
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Last modified
12/2/2015 11:52:31 AM
Creation date
10/1/2015 5:22:33 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/18/2013
Control Number
2013-112
Agenda Item Number
10.A.2
Entity Name
Pivotal Utility Holdings, Inc.
Subject
Non-Exclusive Franchise Agreement
Natural Gas facilities
Alternate Name
Florida City Gas
Supplemental fields
SmeadsoftID
11999
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SECTION 7. INDEMNIFICATION <br /> Franchisee shall indemnify, defend and hold harmless the County, its <br /> commissioners, officers, agents and employees from and against any and all claims, suits, <br /> actions, regulatory or administrative proceedings (including reasonable attorney' s fees, <br /> including appeals), liabilities and expenses arising during the term of this Franchise and <br /> resulting in personal injury, loss of life or damage to property sustained by any person or <br /> entity (collectively "Claims") caused by or arising out of Franchisee ' s negligence, <br /> intentional torts, strict liability, breach of applicable law or breach of this Agreement in <br /> connection with the construction, operation or maintenance of its Gas System Facilities <br /> within the Service Area, except for Claims caused by or arising out of the negligence, <br /> strict liability, intentional torts, breach of applicable law or breach of this Agreement by <br /> the County. Nothing in this Agreement shall be construed to affect in any way the <br /> County' s rights, privileges, and immunities under the doctrine of "sovereign immunity" <br /> as set forth in Section 768 .28 , Florida Statutes . The provisions of this Section shall <br /> survive the termination of this Agreement. <br /> SECTION 8. FRANCHISE FEE <br /> Within thirty (30) days after the close of the first full billing month (payment for <br /> which shall include any prior partial month) following the effective date of this Franchise <br /> Agreement, and each month thereafter during the term of this Franchise Agreement, the <br /> Franchisee shall pay to the County a Franchise Fee which, when added to the amount of <br /> all licenses, excises, fees, charges and other impositions of any kind whatsoever (except <br /> ad valorem property taxes and non-ad valorem tax assessments on property) levied or <br /> imposed by the County against Franchisee ' s property, business or operations and those of <br /> its subsidiaries, is equal to six percent (6%) of the Franchisee' s Gross Revenues, less any <br /> adjustments for Uncollectible Accounts, from the sale, transportation, distribution or <br /> delivery of Natural Gas to Customers within the Service Area. In the event any <br /> Uncollectible Account becomes collectible and/or is collected, an adjustment in amount <br /> due the County shall be made in the next monthly payment. The Franchise Fee payment <br /> shall be deemed paid on time if post-marked within thirty (30) days of the close of the <br /> preceding billing month. <br /> SECTION 9. RIGHT OF COUNTY TO INTERVENE <br /> The County reserves to itself the right to intervene in any suit, action or <br /> proceeding involving any provision of this Agreement. Franchisee agrees to advise the <br /> County of any such suits . <br /> SECTION 10. ACCOUNTS AND RECORDS : RIGHTS TO AUDIT <br /> The Franchisee shall establish and maintain appropriate accounts in accordance with <br /> generally accepted accounting methods, and shall maintain records in such detail that <br /> Gross Revenues within the limits of the Service Area are consistently declared and <br /> identified separately from all other revenues. All records shall be maintained for a <br /> 6 <br />
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