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IT IS MUTUALLY AGREED THAT:
<br /> 6. Modifications to the facilities provided by FPL under this agreement,other than for maintenance,may only be made through the execution of
<br /> an additional Premium Lighting Agreement delineating the modifications to be accomplished. Modification of FPL premium lighting facilites is
<br /> defined as the following:
<br /> a. the addition of premium lighting faculties:
<br /> b. the removal of premium lighting faciitles;and •
<br /> c. the removal of premium lighting facilities and the replacement of such facilities with new(adlities and/or additional facilities.
<br /> Modifications will be subject to the costs identified in FPL's currently effective Premium Lighting rate schedule on file at the FPSC,or any
<br /> successive schedule approved by the FPSC.
<br /> 7. FPL will,at the request of the Custoner,relocate the premium lighting facilities covered by this agreement,If provided sufficient right-of-ways
<br /> or easements to do so. The Customer shall be responsible for the payment of all costs associated with any such Customer-requested
<br /> relocation of FPL premium lighting facilities.
<br /> 8. FPL may,at any time,substitute for any luminalreflamp installed hereunder another Iumfnatrelamp which shall be of at least equal illuminating
<br /> capacity and efficiency.
<br /> 9. FPL will ensure the facilities remain in working condition and it will repair any facilities as soon as practical following notification by the
<br /> Customer that such work Is necessary.The Company agrees to make reasonable effort to obtain facilities for use in repairs or replacement to
<br /> match the original facilities.The Company,however,does not guarantee that facilities will always be available as manufacturers of facilities
<br /> May no longer Make such facilities available or other circumstances beyond the Company's control.In the event the original facilities are no
<br /> longer available,FPL will provide and the Customer agrees to a similar kind and quantity.
<br /> 10. This Agreement shall be for a term of twenty(20)years from the date of initiation of service. The date of initiation of service shall be defined as
<br /> the date the first lights are energized and billing begins,not the date of this Agreement. At the end of the term of service,the Customer may
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<br /> elect to ekecute a new Agreement based on the current estimated replacement cost
<br /> 11. The Customer will pay for these facilities as described in this Agreement by paying a lump sum of$53.991.00 In advance of construction. .
<br /> 12. The!tenthly Maintenance Charge Is$164.16.This charge maybe adjusted subject to review and approval by the Florida Public Service
<br /> Geminissthn.
<br /> 13. The monthly Billing Charge Is$19/6.This charge may be adjusted subject to review-and approval by the Florida Public Service Commission.
<br /> • 14. In the event of the sale of the real property upon which the facililles are installed,upon the written consent of FPL,this Agreement may be •
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<br /> assigned by the Customer the Purchaser.Na assignment shall relieve the-Customer from its obligations hereunder until such obligations
<br /> have been assumed by the assignee and agreed to by FPL.
<br /> 15. Should the Customer fan to pay any bilis due and rendered pursuant to this Agreement or otherwise fall 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 or
<br /> service until the Customer has paid the bills due end 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 II relieve the Customer of the obligation to perform any of the
<br /> terms and conditions of this Agreement.
<br /> 16: If the Customer no longer wishes to receive service under this schedule,the Customer rnay terminate the Prang=Lighting Agreement by
<br /> giving the Company at least(901 ninety days advance written notice to the Company.Upon early termination of service,the Customer shall pay
<br /> an amount computed by applying the.Termination Factors,.es stated in.rate schedule.PL=t,to thetotal work order cost of the facilities,based
<br /> • on the-year In which the Agreement was terminated These Termination Factors will net apply to Customers'Who elected to pay for the facllines
<br /> 'Tina a lump sum In lieu of a Monthly_payinent At FPL a discretion theCustomer will be responsible for the costto the Minty of removing the"
<br /> facilities _
<br /> 17. The obligation to furnish or purchase service shall be excused at any time that either party lsprevented 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 from
<br /> compliance,and FR shah not have the obligation to furnish service if it Is prevented from complying with this Agreement by reason of any
<br /> partial,temporary at entire shut-down of service which,in the sole opinion of FPL,is reasonably-necessary for the purpose of repairing or
<br /> making more efficient all or any part of its generating or other electrical equipment.
<br /> 18. This Agreement supersedes all ptevlous 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.Thls.Agreement does not create any rights
<br /> or provide any remedies to third parties or create any additional duty,obligation or Undertakings by FPL to third•paities.
<br /> 19. This Agreement shall Inure to the benefit of,and be binding upon the successors and assigns of the Customer and FPL;
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<br /> 20. This Agreement is subject to FPL's Electric Tariff;Including,but not limited to,the General Rules and Regulations for Electric Service and the
<br /> Rules of the FPSC,as they are now written,or as they maybe hereafter revised,attended or supplemented.In the event of any conflict"
<br /> between-the terms of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rules,the provisions of the Electric Tariff and
<br /> FPSC Rules shall control,as they are now written,or as they may be hereafter revised,amended or supplemented.
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