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6 . Upsizing of Underground Distribution Facilities . In the event of any <br /> relocation , removal and/or rearrangement of the underground electric distribution facilities , the <br /> size of the underground electric distribution facilities are increased (including without limitation <br /> the circumference of borings , conduit , transformers , cabinets and other appurtenant facilities) , or <br /> any part thereof, the liability incurred by the County for which INEOS may be responsible under <br /> this Agreement shall not include the incremental increase in costs as a result of such increases in <br /> size , unless such increase in size is requested by INEOS or is the result of conformance with a <br /> new FPL technical standard for the underground electric distribution facilities (applicable to all <br /> underground facilities) at the time of the relocation, removal and/or rearrangement . Such <br /> conformance does not include an expansion of the underground distribution facilities initiated by <br /> FPL to serve additional FPL customers or unrelated to a new FPL technical standard for <br /> underground facilities applicable to all underground facilities . <br /> 7 . Effective Date. This Agreement shall be effective as of the date that it is fully <br /> executed by all parties . <br /> 8 . Term . This Agreement shall remain in effect for as long as the FPL Agreement <br /> remains in effect . In the event that the FPL Agreement terminates , this Agreement shall <br /> automatically terminate without any action required by either party to this Agreement . In the <br /> event any part of the "ROW" (as that term is defined in the FPL Agreement) is transferred to the <br /> state of Florida and/or the United States of America, or any of their respective agencies or <br /> departments , this Agreement shall no longer apply to the part transferred ( and any liability <br /> related to said part) without any action required by either party to this Agreement as long as the <br /> state of Florida and/or the United States of America takes the ROW subject to the terms and <br /> conditions of the FPL Agreement . <br /> IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of <br /> the date first written above . <br /> INEOS New Planet BioEnergy, LLC, <br /> a Delaware Limited Liability Company <br /> By: LV <br /> l , <br /> Print Name : <br /> J luidw VU Its President <br /> � a�nnonnn „ , <br /> Attest : Jeffrey K . Barton , INDIAN RIVER COUNTY BOARD , _, t66lDNFgs <br /> Clerk of Ci uit Court COUNTY COMMISSIONERS fir • ,. " , <br /> Jx <br /> B By: S <br /> Deputy Clerk Gary C . eeler, Chairman ;- <br /> Page S '' <br /> to sets <br /> NER C� •," <br /> ��'ANNA1 0NM NN <br />