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IT IS MUTUALLY AGREED THAT:
<br /> 7. Modifications to the facilities provided by FPL under this agreement, other than far maintenance, may only be made through the execution
<br />of
<br /> an additional street lighting agreement delineating the modifications to be accomplished. Modification of FPL street lighting facilities is defined
<br /> as the following;
<br /> a. the addition of street fighting facilities:
<br /> b. the removal of street lighting facilities; and
<br /> c, the removal of street fighting facilities and the replacement of such facilities with new facilities and/or additional facilities.
<br /> Modifications will be subject to the costs Identified in FPVs currently effective street lighting rate schedule on file at the
<br /> FPSC, or any
<br /> successive schedule approved by the FPSC.
<br /> B. FPL will, at the request of the Customer, relocate the street fighting facilities covered by this agreement, if provided sufficient right-of--ways
<br /> or
<br /> easements to do so. The Customer shag be responsible for the payment of all costs associated with any such Customer- requested relocation
<br /> of FPL street fighting facilitiee. Payment shall be made by the Customer in advance of any relocation.
<br /> 9. FPL may, at arty time, substitute for any luminaire/lamp installed hereunder another luminaimflamp which shall be of at least equal illuminating
<br /> capacity and efficiency.
<br /> 10. This Agreement shag be for a term of ten (10) years from the date of initiation of service, and, except as provided below, shall extend thereafter
<br /> for further successive periods of five (5) years from the expiration of the Initial ten (10) year term or from the expiration of any extension thereof.
<br /> The date of initiation of service shall be defined as the date the first lights are energized and billing begins, not the date of this
<br /> Agreement.
<br /> This Agreement shag be extended automatically beyond the initial the (10) year tens or any extension thereof, unless either party shall have
<br /> given written notice to the other of its desire to terminate this Agreement. The written notice shall be by certified mail and shall be given
<br /> not
<br /> less than ninety (90) days before the expiration of the initial ten (10) year term, or any extension thereof.
<br /> 11 . In the event street fighting facilities covered by this agreement are removed, either at the request of the Customer or through termination
<br /> or
<br /> breach of this Agreement, the Customer shag be responsible for paying to FPL an amount equal to the original installed cost of the facilities
<br /> provided by FPL under this agreement less any salvage value and any depreciation (based on current depreciation rates as approved by the
<br /> FPSC) plus removal cost.
<br /> 12. Should the Customer fail to pay any bills due and rendered pursuant to this agreement of otheiwise fail to perform the obligations contained in
<br /> this Agreement, said obligations being material and going to the essence of this Agreement, FPL may cease to supply electric energy
<br /> or
<br /> service until the Customer has paid the bills due and rendered or has fully cured such other breach of this Agreement. Any failure of FPL to
<br /> exercise its rights hereunder shall not be a waiver of its rights. It is understood, however, that such discontinuance of the supplying of electric
<br /> energy or service shall not constitute a breach of this Agreement by FPL, nor shall it relieve the Customer of the obligation to perform any of
<br /> the terns and conditions of this Agreement.
<br /> 13. The obligation to furnish or purchase service shall be excused at any tens that either party is prevented from complying with this Agreement by
<br /> strikes, lockouts, fires, riots, acts of God, the public enemy, or by cause or causes not under the control of the party thus prevented
<br /> from
<br /> compliance and FPL shag not have the obligation to furnish service if it is prevented from complying with this Agreement by reason of any
<br /> partial, temporary or entire shut-down of service which, in the sole opinion of FPL, is reasonably necessary for the purpose of repairing
<br /> or
<br /> making more efficient all or any part of its generating or other electrical equipment.
<br /> 14. This Agreement supersedes an previous Agreements or representations, either written, oral or otherwise between the Customer and FPL, with
<br /> respect to the facilities referenced herein and constitutes the entire Agreement between the parties. This Agreement does not create any
<br /> rights or provide any remedies to third parties or create any additional duty, obligation or undertakings by FPL to third parties.
<br /> 15. This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and FPL.
<br /> 16. This Agreement is subject to FPL's Electric Tariff, including, but not limited to, the General Rules and Regulations for Electric Service and
<br /> the
<br /> Rules of the FPSC, as they are written, or as they may be hereafter revised, amended or supplemented. In the event of any conflict between
<br /> the terns of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rules, the provisions of the Electric Tariff and
<br />FPSC
<br /> Rubs shall control, as they are now written, or as they may be hereafter revised, amended or supplemented.
<br /> IN WITNESS WHEREOF, the parties hereby caused this Agreement to be executed in triplicate by their duly authorized representatives to
<br /> be effecfivve as of the day and year first written above.
<br /> Charges and Terms Accepted :
<br /> Indian River. County FLORIDA POWER & LIGHT COMPANY
<br /> Customer (Print or type name of Organization)
<br /> i
<br /> BY: By:�L
<br /> Signa ure (Au Re resentative) (Signature)
<br /> Wesley S . Davis Cathy Kemp
<br /> (Print or type name) (Print or type name)
<br /> Titre: Chairman Title: Construction Services ReoresentAe
<br /> ative
<br /> AND LEGAL SUFFICtENCY
<br /> BY WILLI : �:
<br /> K. DEBRAAL
<br /> DEPUTY COUNTY ATTORNEY
<br />
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