Laserfiche WebLink
a. a liability based upon a breach by the County (other than a breach based upon <br /> the failure to pay the liability) ; <br /> b . a liability arising out of any covenants , representations or warranties of the <br /> County in Sections 2 (a)(i)-(iii) , (b) or ( c) of the FPL Agreement, unless <br /> INEOS , as the " Customer" referred to in Section 2 (c) fails or refuses to pay <br /> for the legal description ; <br /> c . a liability of a " Customer" ( as that term is defined in then FPL Agreement) <br /> that is not INEOS ; <br /> d . a liability arising out of the County ' s obligations in Section 3 of the FPL <br /> Agreement in the event that (i) the requirement that FPL relocate, remove <br /> and/or rearrange , in whole or in part , underground electric distribution <br /> facilities is not required for the health , safety and welfare of the public or in <br /> furtherance of the public interest . The County will endeavor in good faith to <br /> give INEOS prior notice and an opportunity to comment before requiring FPL <br /> to relocate , remove and/or rearrange underground electric distribution <br /> facilities ; however failure to give such notice shall not relieve INEOS of its <br /> obligations hereunder; <br /> e . a liability incurred by the County or FPL to acquire additional right of way <br /> (relative to the legal limits of the "ROW" (as defined in the FPL Agreement) <br /> as of the date of this Agreement) , or any other rights of way within Indian <br /> River County; <br /> f, a liability incurred by the County or FPL to acquire and/or obtain easements <br /> for any utilities that include FPL ' s utilities ; and <br /> g. a liability arising out of the County ' s obligations in Section 4 of the FPL <br /> Agreement . <br /> 3 . Reimbursement. Except as otherwise provided herein , INEOS shall reimburse <br /> the County for any liability, as defined above . In the event that the County incurs a liability <br /> pursuant to the FPL Agreement for which INEOS is responsible pursuant to the terms of this <br /> Agreement , INEOS shall pay the liability to FPL or to the County, as applicable, within thirty <br /> (30) days of receipt of written notice and reasonably supporting documentation , unless the <br /> liability is disputed in good faith by INEOS , in which case INEOS shall promptly initiate dispute <br /> resolution proceedings , incorporated in paragraph 4 below . The County and INEOS shall <br /> cooperate to resolve any good faith dispute relating to a liability. <br /> Page 2 of 5 <br />