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Ordinance 2013-413
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Ordinance 2013-413
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Last modified
12/18/2013 4:55:03 PM
Creation date
12/12/2013 10:16:24 AM
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CityClerk-Ordinances
Ordinance Number
2013-413
Date (mm/dd/yyyy)
10/17/2013
Description
Natural Gas Franchise Agreement
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1 <br /> SECTION 14: INDEMNIFICATION <br /> In consideration of the permissions granted to the Company by this Franchise Agreement, <br /> the Company hereby agrees to indemnify and hold harmless the City, its officers, agents and <br /> employees from and against claims, suits, actions, and causes of action, to the extent caused by <br /> any negligence, act or omission of the Company, its employees, agents, contractor, licensees, or <br /> sublessees in connection with the Distribution System within the City during the term of this <br /> Franchise and resulting in personal injury, loss of life or damage to property sustained by any <br /> person or entity, through or as a result of the doing of any work herein authorized or the failure to <br /> do work herein required or the use of the public streets for the purposes authorized herein, and <br /> including all reasonable costs, attorney's fees, expenses and liabilities incurred by the City in <br /> connection with any such claim, suit or cause of action, including the investigation thereof, and <br /> the defense of any action or proceeding brought thereon and any order,judgment or decree which <br /> may be entered in any such action or proceeding or as a result thereof; provided, however, that <br /> neither the Company nor any of its employees, agents, contractor, licensees, or sublessees shall be <br /> liable under this section for any claims, demands, suits, actions, losses, damages, or expenses, <br /> including attorney's fees, arising out of the negligence, strict liability, intentional torts, criminal <br /> acts, or error of the City, its officers, agents, or employees. The provisions of this section shall <br /> survive the expiration or earlier termination of this Franchise Agreement. <br /> SECTION 15: PARITY <br /> In the event the Company enters into a franchise agreement with another Florida <br /> governmental entity in Miami-Dade,Broward or Palm Beach Counties,under which franchise fees <br /> are based upon a percentage of gross revenue that is higher than six percent (6%) of Company's <br /> sales of natural gas to customers under such franchise, then the percentage basis of the Franchise <br /> Fee used in this Franchise shall be adjusted to provide for a Franchise Fee that equals the value of <br /> 7 <br /> L <br />
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