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CITY OF VERO BEACH Page 3 GOVERNMENTAL STREET LIGHTING AGREEMENT (c) Additions or Removals: Any additions or removals of facilities, as requested by the Customer and approved by the City, shall be incorporated or deleted from the Street Lighting System. The request for additions or removals shall be in writing and in the form of Exhibit C, which is attached to and made a part of this Agreement. Section 3. The obligation to furnish or purchase service shall be ex- cused at any time that either party is prevented from complying with this Agreement by legal proceedings, strikes, lockouts, fires, riots, acts of God, the public enemy, or by cause or causes not under the control of the party thus prevented from compliance; and, the City shall not have the obli- gation to furnish service if it is prevented from complying with this Agree- ment by reason of any partial, temporary or entire shut -down of service which, in the sole opinion of the City, is reasonably necessary for the pur- pose of repairing or making more efficient all or any part of its electrical system. Section 4. The City, at any time, may substitute for any lamp in- stalled hereunder another lamp which shall be of at least equal illuminating capacity and efficiency. Such substitution may also be made upon the writ- ten request of the Customer, except that no substitution requested by the Customer shall be made without the City's consent: if it would require a change in the size, style or capacity of any lamp. Upon the written request of the Customer or its authorized agent, the City, in accordance: with the appropriate rate schedule and the terms of this Agreement, may replace any lamp with one of an increased rating in lumens. Section 5. Should the Customer fail to pay for any of the electric en- ergy, services, depreciated installed cost of removed facilities, mod.ifica- Lion and/or replacement furnished hereunder before a bill therefore becomes del.i.quent, or otherwise fail to perform any of the terms and conditions of this Agreement, the City at any time thereafter, may cease to supply electric energy and/or services and/or refuse to make modification and/or replacement for the Customer until the Customer has made such payments or has otherwise fully complied with all the terms and conditions of this Agreement; provided, however, that any failure by the City to cease to sup- ply electric energy and/or services and/or refuse to make modification and/or replacement for the Customer shall not be a waiver to this Section 5. It is understood, however, that such discontinuance of the supplying of electric energy, and/or services and/or refusal to make modification and/or replacement shall not constitute a breach of this Agreement by the City nor shall it relieve the Customer of the obligation to perform any of the terms and conditions of this Agreement. Section 6. The parties agree that the City is subject to certain State and Federal rules and regulations regarding electric service and that such rules and regulations shall be binding where in conflict with this Agree- ment.