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2000-337N
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2000-337N
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Last modified
8/16/2024 10:19:08 AM
Creation date
8/16/2024 10:18:43 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/07/2000
Control Number
2000-337N
Agenda Item Number
11.G.6.
Entity Name
Florida Power & Light
Subject
Agreement Facilities Relocation 58th Ave from 8th Street to South
Oslo Road (Widening & Four Lanes)
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f <br />40 <br />40M 7.12 Farce Ma"lure. <br />(a) Neither party shall be liable or responsible for any delay in the performance of, or the ability to perform, any duty <br />or obligation required by this Agreement in the event of a force majeure occurrence- Such occurrence shall <br />include, but shall not be limited to acts of civil or military authority (including courts or administrative agencies), <br />acts of God, war, riot, or insurrection, inability to obtain required permits or licenses, blockades, embargoes, <br />sabotage, epidemics, fires, unusually severe floods or weather, strikes, lookouts or other labor disputes or <br />difficulties. The obligation of either Party to pay money in a timely manner is absolute and shall not be subject <br />to the force majeure provisions Force majeure as used herein means, without limitation, any cause or event <br />not reasonably within the control of FPL or the Applicant. <br />(b) In the event of any delay resulting from a force majeure circumstance. the time for performance hereunder shall <br />be extended for a period of time reasonably necessary to overcome the effect of such delays. <br />(c) In the event of any delay or nonperformance caused by a force majeure circumstance, the Party affected shall <br />promptly notify the other in writing. <br />7.13 Severability. In the event that any of the provisions or portions or applications thereof of this Agreement are held to <br />be unenforceable or invalid by any court of competent jurisdiction, the Applicant and FPL shall negotiate an equitable <br />adjustment in the affected provisions of this Agreement. The validity and enforceability of the remaining independent <br />provisions shall not be affected. <br />7.14 Effective Date. This Agreement shall become effective upon execution by the Parties and shall continue in effect until <br />completion of all Relocation work by FPL unless otherwise provided herein or earlier termination in accordance with <br />this Agreement. <br />7.15 Complete Agreement, This. Agreement shall be signed by the authorized representatives of both Parties and <br />constitutes the final written expression of all the terms of the agreement between the Parties and is a complete and <br />exclusive statement of those terms. Any and all prior or contemporaneous course of dealing. representations, <br />promises, warranties or statements by the Parties or their agents, employees, or representatives that differ in any way <br />from the terms of this written Agreement shall be given no force or effect. <br />IN WITNESS WHEREOF, the Parties have executed this Relocation Agreement, to be effective as of the date first above <br />written. <br />APPLICANT: <br />FLORIDA OWER & LIGHT COMPANY: <br />Indian River Counly <br />_fir �,- _ <br />By:_ Fran B. _Adams <br />- gy: ; S 7w � i{a'. � �Li <br />Title: Cha i r m a n <br />Tate: i_ ,1�,1r� `7: ✓fes <br />Date: BCC anorovnrj 1 !7100 <br />Dale: <br />eat T tie <br />e <br />4 <br />page 6 of 6 Govemmenral Facil i es Rebealwn Agreement (rev 2tWoo) <br />
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