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2018-280
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Last modified
1/4/2021 3:06:48 PM
Creation date
12/13/2018 4:27:45 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/11/2018
Control Number
2018-280
Agenda Item Number
13B
Entity Name
Florida Power & Light
City of Vero Beach
School Board of Indian River County
Indian River County
Subject
Fiber Optics Agreement - Linear Facilities Pole Attachment
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />If to FPL: Florida Power & Light Company <br />700 Universe Boulevard EMT/JB <br />Juno Beach, FL 33408 <br />Attention: EMT Contracts Department <br />with copy to: <br />Florida Power & Light Company <br />700 Universe Boulevard JB/Law <br />Juno Beach, FL 33408 <br />Attention: General Counsel <br />A notice delivered personally or by courier, under the terms of this Section, will be deemed given <br />when received. A notice sent by mail will be deemed given five (5) days after mailing in accordance <br />with this Section. Either party may change the address for notices under this Section, or the <br />individual or officer to whom such notices are to be given, by giving notice of such change in <br />accordance with the provisions of this Section. <br />7.8 Severability. Should any part of any Section or provision of this Agreement <br />be determined by a court of competent jurisdiction to be illegal, unenforceable or in conflict with <br />any applicable law, the validity enforceability of the remaining Sections or provisions shall not <br />be impaired. <br />7.9 Applicable Law; Venue; No Jury Trial. The validity, interpretation and <br />enforcement of this Attachment Agreement shall be governed by the laws of Florida without <br />regard to conflict of law applications. <br />THE PARTIES HERETO AGREE THAT VENUE IN ANY AND ALL ACTIONS AND <br />PROCEEDINGS RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT <br />SHALL BE IN THE CIRCUIT COURT OF THE STATE OF FLORIDA IN INDIAN <br />RIVER COUNTY, FLORIDA, WHICH COURT SHALL HAVE EXCLUSIVE <br />JURISDICTION FOR SUCH PURPOSE AND THE PARTIES HERETO <br />IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURT <br />AND IRREVOCABLY WAIVE THE DEFENSE OF AN INCONVENIENT FORUM TO <br />THE MAINTENANCE OF ANY SUCH ACTION OR PROCEEDING. SERVICE OF <br />PROCESS MAY BE MADE IN ANY MANNER RECOGNIZED BY SUCH COURT. <br />EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ITS RIGHT TO A <br />JURY TRIAL WITH RESPECT TO ANY ACTION OR CLAIM ARISING OUT OF <br />ANY DISPUTE IN CONNECTION WITH THIS AGREEMENT OR THE <br />TRANSACTIONS CONTEMPLATED HEREBY. THIS PROVISION IS A MATERIAL <br />INDUCEMENT FOR THE PARTIES HERETO TO ENTER INTO THIS <br />AGREEMENT, AND SHALL SURVIVE THE CLOSING OR TERMINATION OF <br />THIS AGREEMENT. <br />7.10 Amendment; Modification. This Agreement may not be amended, modified <br />or supplement, except by written agreement of FPL and Licensee. <br />7.11 Entire Agreement. This Agreement, including the Exhibits hereto, embody <br />the entire agreement and understanding of FPL and Licensee in respect of the subject matter of <br />Confidential 18 Linear Facilities Attachment Agreement 116402702.1 <br />
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