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ORDINANCE NO. 2007-G15 of the public rights-of-way to the extent possible. When any portion of a public right-of- way is excavated by FPL in the location or relocation of any of its facilities, the portion of the public right-of-way so excavated shall within a reasonable time be replaced by FPL at its expense and in as good condition as it was at the time of such excavation. The County shall not be liable to FPL for any cost or expense in connection with any relocation of FPL's facilities required under subsection (c) of this Section, except, however, FPL shall be entitled to seek reimbursement of its costs from others and as may be provided by law. Section 3. The County shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by FPL of its facilities hereunder, and the acceptance of this franchise shall be deemed an agreement on the part of FPL to indemnify the County and hold the County harmless against any and all liability, loss, cost, damage or expense which may accrue to the County by reason of the negligence, default or misconduct of FPL in the construction, operation or maintenance of its facilities hereunder. Section 4. All rates and rules and regulations established by FPL from time to time shall be subject to such regulation as may be provided by law. Section 5. As a consideration for this franchise, FPL shall pay to the County, commencing 90 days after the effective date hereof, and each month thereafter for the remainder of the term of this franchise, an amount which added to the amount of all licenses, excises, fees, charges and other impositions of any kind whatsoever (except ad valorem property taxes and non -ad valorem tax assessments on property) levied or imposed by the County against FPL's property, business or operations and those of its subsidiaries during FPL's monthly billing period ending 60 days prior to each such payment will equal 5.9 percent of FPL's billed revenues, less actual write-offs, from the sale of electrical energy to residential, commercial and industrial customers (as such customers are defined by FPL's tariff) within the unincorporated areas of the County for the monthly billing period ending 60 days prior to each such payment, and in no event shall payment for the rights and privileges granted herein exceed 5.9 percent of such revenues for any monthly billing period of FPL. 5.1. The County understands and agrees that such revenues as described in the preceding paragraph are limited to the precise revenues described therein, and that such revenues do not include, by way of example and not limitation: (a) revenues from the sale of electrical energy for Public Street and Highway Lighting (service for lighting public ways and areas); (b) revenues from Other Sales to Public Authorities (service with eligibility restricted to governmental entities); (c) revenues from Sales to Railroads and Railways (service supplied for propulsion of electric transit vehicles); (d) revenues from Sales for Resale (service to other utilities for resale purposes); (e) franchise fees; (f) Late Payment Charges; (g) Field Collection Charges; or (h) other service charges (as such terms are defined in FPL's tariff). 3