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percent (1'/2%)of the amountof the billing per month, charged on a daily basis or highest interest a I I owab le under
<br />law.
<br />5.8 Refund and Effect of Termination.
<br />5.8.1 Consistent with the terms of this Agreement, FPL shall refund to Applicant any amounts which Applicant In as
<br />paid to FPL beyond the full cost of Relocation including any overhead costs.
<br />5.8.2 In the eventthatthis Agreement is terminated due to the cancellationor indefinite suspension of work in
<br />furtherance of Applicant's construction, Applicant shall be responsible forthe costs of Relocation already
<br />incurred, including but not limited to all engineering, design, equipment, and materials cost, labor costs, and if
<br />any, the costs of Replacement FPL Facilities already installed, necessary to place any FPL Faci I ities into a
<br />permanentcondition suitable to provide continuous, reliable electric serviceto the public in accordance with
<br />all applicable laws, regulations and FPL's usual practices as set forth in Article III herein. Nothing in this
<br />section shall be construed to modify or abrogate FPL's legal duty to mitigate damages.
<br />ARTICLE VI —.INSPECTIONS.
<br />6.0 Inspections. All cost records and accounts of FPL directly related to the Relocation work performed under this
<br />Agreementshall be subjectto inspection by Applicantfor a period of one (11 ) yearfrom the completion date of all
<br />Relocation work performed under this Agreement. Such inspections shall be performed by Applicant and in
<br />accordancewith the following considerations:
<br />(a) Applicantshall provide FPL with thirty(30)days written notice requesting an inspection,-
<br />(b)
<br />nspection;(b) Thespecifictimeof inspection mustbe mutuallyagreed to;
<br />(c) Information required for inspection purposes shall be accounts and records kept by FPL directly related to
<br />Relocation and reimbursable costs;
<br />(d) Applicant may request only information reasonably required by it concerning Relocation and such requestfor
<br />information shall be in writing and shall include the purpose of the inspection;
<br />(e) FPL shall makeavailablethe requested information atits offices during normal business hours, Monday through
<br />Friday;
<br />(f) Applicant shall bear any costs associated with any inspections, including FPL costs, if any; and
<br />(g) Information available underthisAgreementshall not be used in violation of any law or regulation.
<br />FPL shall quote a depositamountwhensuch a requestfor inspection ism ade which Applicant shall pay in advance.
<br />ARTICLE VII - GENERAL CONDITIONS
<br />7.1 Benefit of Agreement; Assignment. The provisions of this Agreement shall inure to the benefit of and bind the
<br />successors and assignsof the Parties to this Agreement butshall not inure to the benefitof any third party or other
<br />person. This Agreement shall not be assigned by either Parry except upon receiptof the priorwritten perm i ss ion of
<br />the otherParty. Such permission shall not be unreasonably withheld.
<br />7.2 Non -waiver. The failure of either Party at any time to require performance by the other Party of any provision hereof
<br />shall not affect the full right to require such performanceatany timethereafter. Waiver by either Party of a breach of
<br />the same provision or any other provision shall not constitute a waiver of the provision itself.
<br />7.3 INTENTIONALLYOMITTED.
<br />7.4. Indemnification. Applicant hereby agrees toindemnifyandholdharmlessFPL,itsparentcorporations,subsidiaries,
<br />affiliates, companies, administrators, shareholders, agents, employees, directors, officers, successors, assigns
<br />and any liability insurance carriers that FPL may have (collectively, "FPL Entities") from and against all claims,
<br />demands, liabilities, obligations, losses, costs, expenses, causes of action of any nature and type whatsoever,
<br />including, but not lim ited to, attorneys' fees and costs (whether suit is instituted or not, and at trial and appellate
<br />levels), money damages in tort for any losses of property, or damage to any property arising out of or in
<br />connection with the Relocation (and future relocation(s)) of the FPL Facilities and Replacement FPL Fa ci I i ti e s by
<br />FPL, its contractors, agents, or employees, and anyand all costs and expenses incurred orexpended by FPL to
<br />obtain a substitute easement(s) to relocate the FPL Replacement Facilities, if necessary, in the future; and
<br />Applicant hereby further agrees to defend, at its sole cost and expense and at no cost and expense to FPL
<br />Entities, any and all suits or actions instituted against FPL Entities, for the imposition of such liability, loss, cost
<br />and expense.
<br />In addition to the indemnity provision above, Applicant hereby agrees to release, defend, protect, i n d e m ni fy a n d
<br />hold FPL Entitiesfree and harmlessfromanyand all claims, demands, actions, orcauses of action whatsoever,
<br />and from anyandall liabiliryforanyloss, propertydamageorpersonal injuryof anykind, nature, or description,
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