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• <br />• <br />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 8. 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 />(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 />-4- <br />