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ORDINANCE NO. 2007- 015 permitted to provide electric service within the unincorporated areas of the County to a customer then being served by FPL, or to any new applicant for electric service within any part of the unincorporated areas of the County in which FPL may lawfully serve, and FPL determines that its obligations hereunder, or otherwise resulting from this franchise in respect to rates and service, place it at a competitive disadvantage with respect to such other person, FPL may, at any time after the taking of such action, terminate this franchise if such competitive disadvantage is not remedied within the time period provided hereafter. FPL shall give the County at least 90 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 the consequences of such action which resulted in the competitive disadvantage. The County shall then have 90 days in which to correct or otherwise remedy the competitive disadvantage. If such competitive disadvantage is 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 take effect on the date of delivery of such notice. Section 9. Failure on the part of FPL to comply in any substantial respect with any of the provisions of this franchise shall be grounds for forfeiture, but no such forfeiture shall take effect if the reasonableness or propriety thereof is protested by FPL until there is final determination (after the expiration or exhaustion of all rights of appeal) by a court of competent jurisdiction that FPL has failed to comply in a substantial respect with any of the provisions of this franchise, and FPL shall have six months after such final determination to make good the default before a forfeiture shall result with the right in the County at its discretion to grant such additional time to FPL for compliance as necessities in the case require. Section 10. Failure on the part of the County to comply in substantial respect with any of the provisions of this ordinance, including: (a) denying FPL use of public rights-of-way for reasons other than unreasonable interference with motor vehicular traffic; (b) imposing conditions for use of public rights-of-way contrary to Florida law or the terms and conditions of this franchise; (c) unreasonable delay in issuing FPL a use permit, if any, to construct its facilities in public rights-of-way, shall constitute breach of this franchise and entitle FPL to withhold all or part of the payments provided for in Section 5 hereof until such time as a use permit is issued or a court of competent jurisdiction has reached a final determination in the matter. The County recognizes and agrees that nothing in this franchise constitutes or shall be deemed to constitute a waiver of FPL's delegated sovereign right of condemnation and that FPL, in its sole discretion, may exercise such right. Section 11. The County or its auditors may, upon reasonable notice and within 90 days after each anniversary date of this franchise, at the County's expense, examine the records of FPL relating to the calculation of the franchise payment for the year preceding such anniversary date. Such examination shall be during normal business hours at FPL's office where such records are maintained. Records not prepared by FPL in the ordinary course of business may be provided at the County's expense and as the County and the FPL may agree in writing. Information identifying FPL's customers by 5