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2018-280B
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Last modified
1/4/2021 3:07:38 PM
Creation date
12/13/2018 4:45:38 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/11/2018
Control Number
2018-280B
Agenda Item Number
13.B.
Entity Name
Florida Power & Light
City of Vero Beach
Subject
Fiber License Agreement between the City of Vero Beach and Florida Power & Light Company
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />LICENSOR. All permanent repair work shall be performed by LICENSOR during a maintenance <br />window mutually agreed upon by the Parties. <br />9.1.4 Credits. <br />In the event that an outage exceeds eight (8) hours, except in the case of a force majeure as <br />defined in Section 19.0 below, LICENSOR shall extend to LICENSEE a credit equal to one day's <br />License Fee for the strands affected (to be considered 1/30th of the then current monthly rate) for <br />each consecutive eight (8) hour outage interval, or fraction thereof, in excess of the initial eight (8) <br />hours. By way of example, an eight (8) hour outage = I day credit; an 10 hour outage = 1 day <br />credit; and a 17 hour outage = 2 days credit). The credit shall apply whether or not LICENSEE <br />dispatched repair technicians to the repair site, and shall constitute an offset against LICENSEE's <br />payment of License Fees to LICENSOR. <br />9.2 LICENSEE Covenants. <br />9.2.1 LICENSEE Responsibilities. LICENSEE shall be solely responsible, at its own <br />expense, for the purchase, installation, operation, maintenance and repair of all LICENSEE <br />equipment and Licensee Facilities required in connection with its use of the Licensor Fiber Optic <br />Strands licensed to LICENSEE hereunder. <br />9.2.2 Taxes Franchise Fees. <br />LICENSEE shall pay, when they become due, any and all taxes, assessments, and <br />governmental charges of any kind whatsoever (whether sales tax, use tax, excise tax or other tax) <br />lawfully levied or assessed and attributable to LICENSOR'S license to LICENSEE hereunder, <br />LICENSEE's use of the Licensor Facilities or the Licensor Fiber Optic Strands licensed to <br />LICENSEE hereunder, or any portion thereof, with regard to the licensing, operation or use of the <br />Licensor Facilities or the Licensor Fiber Optic Strands. LICENSEE shall include with each <br />month's License Fee, and in addition thereto, any and all sales or use tax amounts thereon. <br />LICENSEE shall pay without apportionment any taxes levied on it that are based on LICENSEE's <br />business profits. In addition, LICENSEE shall pay, or as appropriate, reimburse LICENSOR, <br />without apportionment, for any ad valorem taxes, fees, assessments or other charges which are <br />assessed against LICENSOR that arise from LICENSEE's use of the Licensor Facilities or <br />Licensor Fiber Optic Strands licensed to LICENSEE hereunder or any portion thereof. <br />LICENSOR shall be responsible for or pay any taxes, fees, or charges attributable to its ownership <br />of the Licensor Facilities and Licensor Fiber Optic Strands, if any, when such taxes, fees, or <br />charges are not based on or imposed by virtue of LICENSEE's use of any such facilities or its <br />receipt of License Fees from LICENSEE under this License Agreement. <br />ARTICLE X <br />COMPLIANCE WITH LAWS <br />10.0 By LICENSO <br />LICENSOR shall have and maintain in effect at all times, all necessary franchises, <br />consents, rights-of-way, easements, permits and authorizations applicable to this License <br />-8- <br />116402757.1 <br />
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