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4 . Abandonment or Sale of Local Government ROW. If the Local Government <br /> desires to subsequently abandon or discontinue use of the Local Government ROW , and <br /> ownership of the land is transferred to a private party, the Local Government , as a condition of <br /> and prior to any such sale , abandonment, or vacation, shall grant FPL an easement satisfactory to <br /> FPL for the Underground Facilities then existing within the ROW or require the transferee to so <br /> grant FPL an easement satisfactory to FPL at the time of transfer. If ownership of the Local <br /> Government ROW is transferred to another public entity , that public entity shall take the ROW <br /> subject to the terms and conditions of this Agreement . <br /> 5 . Term . This Agreement shall remain in effect for as long as FPL or any successor <br /> or assign owns or operates the Underground Facilities placed in the ROW . <br /> 6 . Title and Ownership of Underground Facilities . Title and ownership of <br /> Underground Facilities installed by FPL as a result of this Agreement shall, at all times , remain <br /> the property of FPL . <br /> 7 . Conversion Outside ROW. In the event that the FPL Underground Facilities are <br /> not, for any reason other than the error of FPL or its contractors , constructed within the ROW, <br /> Local Government shall grant or secure , at Local Government ' s sole cost and expense , new <br /> easements or ROW grants for the benefit of FPL for the placement of the Underground Facilities <br /> in these areas , and shall secure subordinations of any mortgages affecting these tracts to the <br /> interest of FPL . In the alternative , at the discretion of Local Government, Local Government <br /> shall reimburse FPL for all costs incurred to remove said facilities which were constructed <br /> outside the ROW and for reinstallation within the ROW . FPL shall be responsible at completion <br /> of construction for notifying Local Government in writing of FPL ' s approval and acceptance of <br /> the conversion as being constructed within the ROW . Upon acceptance there shall be no further <br /> responsibility on the Local Government for relocations referenced in this paragraph . <br /> 8 . Agreement Subject to FPL ' s Electric Tariff. This Agreement is subject to <br /> FPL ' s electric tariff, including but not limited to the general rules and regulations for electric <br /> service and the rules of the Florida Public Service Commission . <br /> 9 . Venue ; Waiver of Jury Trial . This Agreement shall be enforceable in Indian <br /> River County, Florida, and if legal action is necessary by either party with respect to the <br /> enforcement of any or all of the terms or conditions herein , exclusive venue for the enforcement <br /> of same shall lie in Indian River County , Florida. By entering into this Agreement, FPL and the <br /> Local Government expressly waive any rights either party may have to a trial by jury of any civil <br /> litigation related to or arising out of this Agreement. This Agreement shall be construed in <br /> accordance with the laws of the State of Florida. <br /> 10 . Attorney Fees . In the event it becomes necessary for either party to institute or <br /> defend legal proceedings as a result of the failure of the other party to comply with the terms , <br /> covenants , or provisions of this Agreement, each parry in such litigation shall bear its own cost <br /> and expenses incurred and extended in connection therewith, including, but not limited to <br /> attorneys ' fees and court costs through all trial and appellate levels . <br /> Page 4 of 7 <br />