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CITY OF VERO BEACH GOVERNMENTAL STREET LIGHTING AGREEMENT Page 3 cause or causes not under the control of the party thus prevented from compliance; and, the City shall not have the obligation to furnish service if it is prevented from complying with this Agreement by reason of any partial, temporary or entire shut -down of service which, in the sole opinion of the City, is reasonably necessary for the purpose of repairing or making more efficient all or any part of its electrical system. h- Section 4. The City, at any time, may substitute for any lamp installed -here- under another.lamp which shall be of at least equal illuminating capacity and efficiency. Such substitution may also be made upon the written request of the Customer, except that no substitution requested by the Customer shall be made without the City's consent if it would require a change in the size, style or capacity of any lamp. Upon the written request of the Customer or its authorized agent, the City, in accordance with the appropriate rate schedule and the terms of this Agreement, may replace any lamp with one of an increased rating in lumens. Section 5. Should the Customer fail to pay for any of the electric energy, services, depreciated installed cost of removed fac{lities, modification and/or replacement furnished hereunder before a bill therefore becomes delinquent, or other- wise fail to perform any -of the terms and conditions of this Agreement, the City at any time thereafter, may cease to supply electric energy and/or services and/or refuse to make modification and/or replacement for the Customer until the Customer has made such payments or has otherwise fully complied with all the terms and con- ditions of this Agreement; provided, however, that any failure by the City to cease to supply electric energy and/or services and/or refuse to make modification and/or replacement for the Customer shall not be a waiver of this Section 5. It is under- stood, however, that such discontinuance of the supplying of electric energy, and/or services and/or refusal to make modification and/or replacement shall not constitute a breach of this Agreement by the City nor shall it relieve the Customer of the obligation to perform any of the terms and conditions of this Agreement. Section 6. The parties agree that the City is subject to certain State and Federal rules and regulations regarding electric service and that such rules and regulations shall be binding where in conflict with this Agreement. Section 7. This Agreement supersedes all previous agreements or representations, either written, verbal, or otherwise between the Customer and the City, with respect to the matters contained herein and constitutes the entire Agreement between the parties. D E C 11982 to 52 %E 284