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ORDINANCE NO. 2007- 015 Section 6. As a further consideration, during the term of this franchise or any extension thereof, the County agrees: (a) not to engage in the distribution and/or sale, in competition with FPL, of electric capacity and/or energy to any ultimate consumer of electric utility service (herein called a "retail customer") or to any electrical distribution system established solely to serve any retail customer formerly served by FPL; (b) not to participate in any proceeding or contractual arrangement the purpose or terms of which would be to obligate FPL to transmit and/or distribute, electric capacity and/or energy from any person to any other retail customer's facility(ies); and (c) not to seek to have the FPL transmit and/or distribute electric capacity and/or energy generated by or on behalf of the County at one location to the County's facility(ies) at any other location(s). Nothing specified above shall prohibit the County from engaging with other persons in wholesale transactions which are subject to the provisions of the Federal Power Act. 6.1 Nothing herein shall prohibit the County, if permitted by law, (i) from purchasing electric capacity and/or energy from any other person, or (ii) from seeking to have FPL transmit and/or distribute to any facility(ies) of the County electric capacity and/or energy purchased by the County from any other person; provided, however, that before the County elects to purchase electric capacity and/or energy from any other person for consumption in any facility(ies) being served by FPL before such election, the County shall notify FPL in writing. Such notice shall include a summary of the specific rates, terms and conditions which have been offered by the other person and identify the County's facilities to be served under the offer. FPL shall thereafter have 90 days to evaluate the other person's offer and, if FPL agrees to meet or beat the other person's offer, the County shall be obligated to continue to purchase from FPL electric capacity and/or energy to serve the County's identified facilities for a term no shorter than that offered by the other person. Section 7. If the County grants a right, privilege or franchise to any other person or otherwise enables any other such person to construct, operate or maintain electric light and power facilities within any part of the unincorporated areas of the County in which FPL may lawfully serve or compete on terms and conditions which FPL determines are more favorable than the terms and conditions contained herein, FPL may at any time thereafter terminate this franchise if such terms and conditions are not remedied within the time period provided hereafter. FPL shall give the County at least 60 days advance written notice of its intent to terminate. Such notice shall, without prejudice to any of the rights reserved for FPL herein, advise the County of such terms and conditions that it considers more favorable. The County shall then have 60 days in which to correct or otherwise remedy the terms and conditions complained of by the FPL. If FPL determines that such terms or conditions are not remedied by the County within said time period, FPL may terminate this agreement by delivering written notice to the County's Chairman of the Board of County Commissioners and termination shall be effective on the date of delivery of such notice. Section 8. If as a direct or indirect consequence of any legislative, regulatory or other action by the United States of America or the State of Florida (or any department, agency, authority, instrumentality or political subdivision of either of them) any person is 4