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collection of such fees and/or taxes, pursuant to Sections 6 and 7 <br /> hereof and the Grantor shall defend any and all suits filed <br /> ... against the Grantee based on the collection of such moneys. <br /> Section S. As further consideration of this <br /> franchise, the Grantor agrees not to engage in or permit any <br /> person other than the Grantee to engage in the business of <br /> distributing and selling electric power and energy during the life <br /> of this franchise or any extension thereof in competition with the <br /> Grantee, its successors and assigns. <br /> Additionally, the Grantee shall have the authority to <br /> enter into Developer Agreements with the developers of real estate <br /> projects and other consumers within the franchise territory, which <br /> agreements may include, but not be limited to provisions relating <br /> to; <br /> (1) advance payment of contributions in aid of <br /> construction to finance system expansion and/or extension, <br /> (2) revenue guarantees or other such arrangements <br /> as may make the expansion/extension self supporting, <br /> (3) capacity reservation fees, <br /> NOW <br /> (4) prorata allocations of plant expansion/line <br /> extension charges between two or more developers. <br /> Developer Agreements entered into by the Grantee shall <br /> be fair, just and non-discriminatory. <br /> Section 9. That failure on the part of Grantee to <br /> comply in any substantial respect with any of the provisions of <br /> this Resolution, shall be grounds for a forfeiture of this grant, <br /> but no such forfeiture shall take effect, if the reasonableness or <br /> propriety thereof is protested by Grantee, until a court of <br /> competent jurisdiction (with right of appeal in either party) <br /> shall have found that Grantee has failed to comply in a <br /> substantial respect with any of the provisions of this franchise, <br /> and the Grantee shall have six (6) months after final <br /> determination of the question, to make good the default, before a <br /> forfeiture shall result, with the right in Grantor at its <br /> discretion to grant such additional time to Grantee for compliance <br /> as necessities in the case require; provided, however, that the <br /> w <br /> -4- <br />