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discontinuance of service or gap. He pointed out that the City has the right to submit a proposal in response to the RFP as a potential provider of electricity to the Town and its residents. A discussion followed and the Town expressed its concern of tortious interference with the contract by the City if the Town talks with other potential providers of electricity during the six month cooling off period. Attorney Wright responded the City was good with the six month cooling off period and agreed to no tortious interference if the Town chooses to conduct an RFP with other providers of electricity; however, the City does not agree to the document, but would sign a separate waiver of tortious interference claim. Mediator Alvarez brought up the Town's proposal and suggested adding the wording, the Town may conduct a RFP evaluation with the tortious interference clause inserted in Paragraph 2. The mediator called for a recess at 2:19 p.m. and resumed at 2:31 p.m. with all parties present. Attorney May stated the Town team could not agree with the standstill agreement structure proposed by the City, but agreed to remove Paragraph 1 and add the language discussed in Paragraph 2, and shorten the abatement to May 1, 2015, since the City would wrap up its rate study sometime in March 2015. The concern was the delay and upcoming franchise agreement expiration in the year 2016. Attorney Wright stated the City does not agree to the Town's proposal, but would agree to the tortious interference clause, and to shorten the standstill until May1, 2015. Attorney May wanted clarification on what the City was proposing. Mediator Alvarez replied there was an agreement to a cooling off period until May 1, 2015 and the Town conducting a RFP with the City's participation. Mediator Alvarez felt the abatement would be an opportunity to look at every option and suggested the Town rewrite their proposal. Attorney May was opposed to rewriting the Town's proposal because it captured what the Town was looking for to resolve the dispute. A discussion ensued on moving forward without an interim settlement, but talking with other providers. Mediator Alvarez summarized that the parties agreed to a certain time period for options review and agreed that the litigation would be held in abeyance, and continuing with the mediation. The mediator called for a recess at 2.53 p.m. and resumed at 2.59 p.m. with all parties present Town of Indian River Shores - City of Vero Beach - Indian River County Electric Utilities Mediation December 17, 2014 Page 10