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• <br />• <br />I .. <br />d w <br />l q <br />4, The 12\ percentage rate referred to above shall be <br />adj usted at the same time the property is re-appraised. The <br />increase or decrease in the previously established percentage rate . <br />shall be equal to the difference between the previously <br />established percentage rate of the prime lending rate being <br />c h arged by Chase Manhattan Bank, New York City, as of t h e date the <br />new rate is establish ed and said difference shall then be divided <br />by 2, For illustrative purposes, assume that on the date the new <br />rate is determined, the Chase Manhattan Bank is charging a 151 <br />prime rate. Further assume that the previously established rate <br />is 12\, The n ew rate would be 13~% (15% minus 12\ divided by 2), <br />In no eve n t s h all t h e newly determined percentage rate be in <br />excess o f 18% nor less than 9%, <br />5. Licensee may assig n this License Agreement to Indian <br />River County (or a taxing uni t t h e reof) without the consent of <br />Licensor. Licensee rights hereunder are otherwise assignable only <br />with the prior written consent of the Licensor, which consent will <br />not be unreasonably wit hheld, <br />6, Licensee shall pay, when due all charges relating to the <br />construction on any improvements (which could give rise to liens) <br />on the licensed property and shall indemnify and hold harmless <br />Licensor from any and all claims arising in connection therewith, <br />Further, Licensee shall, at all times, comply with the terme of <br />the Indian River County Utility Franchise and all other applicable· <br />ordinances, or other governmental rules and regulations, <br />Specifically, without limitation, Licensee shall at all times . <br />maintain liability insurance in accordance with said Franchise and <br />Licensor shall be named as an additional insured. <br />7 . Licensee shall be responsible for the payment of all real <br />and personal property taxes when due. Taxes for the year 1983 <br />sha ll be prorated to the date of this Agreement on appropriate· <br />basis as determined by the Indian River County Property Apprai ■a r. <br />8. In the event Licensee fails to p a y the license fe e wh o n <br />du e , Licensee sha l l have thirty (30) days a fter receipt of notice · <br />of non-payment from Licensor within which to pay said fee in full, <br />If Licensee fails to pay said fee within said thirty (30) da y <br />pe r iod, a penalty shall be imposed equal to 200% of the license <br />fee due, If Licensee fails to pay said fee togethe r with said <br />pena lty within sixty (60) clays thereafter, in addition to such <br />othe r legal r em e die s as Licensor ma y have, Lice nsor may de cla r e <br />this License Agreement to be terminated and Lice nsee sha ll vacate <br />the property, With respect to other monetary defau !ts. or <br />non-monetary defaults, License e shall h a ve sixty (60} d a ys <br />following delivery of notice from Licensor specifying the de fault <br />within which to make payment or cure the defa ult and if License e <br />fails to do so, Licensor may pursue any legal remedies available <br />to Licensor or, Licensor may terminate th i s License Agree ment in <br />which event Licensee will immediately vacate the pre mises, <br />9. Where notices required to be given hereunder, notice <br />shall be deemed sufficient when mailed to L~censor or Lice nsee a t <br />the addresses set forth below, certified mail r e turn r e ceipt <br />requested, Notice shall be deemed complete on the date tha t <br />delivery is noted on the return receipt or the date which the U,6 . <br />Post Office indicates on the reture receipt that delivery c a nnot <br />be made, Addresses for Licensor and Licensee are as follows: <br />OCEANSIDE UTILITIES, INC. <br />84 00 North A-1 -A <br />Vero Beach, Florida 32960 <br />BENT OAK UTILITIES, INC, <br />1010 Exec u tiv e Drive <br />Orlando, Fl o rida 32803