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<br />FLORIDA POWER & LIGHT COMPANY <br /> <br />Original Sheet No. 9.727 <br /> <br /> <br />(Continued from Sheet No. 9.726) <br /> <br />9. Termination Prior to the Conversion Completion. Failure by the Local Government Applicant to comply with <br />any of the requirements, terms, or conditions of this Agreement or FPL's Electric Tariff shall result in termination of <br />this Agreement. The Local Government Applicant may terminate this Agreement at any time prior to the start of the <br />Conversion and the CIAC paid by the Local Government Applicant will be refunded to the Local Government <br />Applicant; provided however, that the refund of the CIAC shall be offset by any costs incurred by FPL in performing <br />under the Agreement up to the date of termination. <br /> <br />10. Assignment. The Local Government Applicant shall not assign this Agreement without the written consent ofFPL. <br /> <br />11. Adoption and Recording. This Agreement shall be adopted by the Local Government Applicant and maintained in <br />the official records of the Local Government Applicant for the duration of the term. of this Agreement. This <br />Agreement also shall be recorded in the Official Records of the County in which the Underground Facilities are <br />located, in the place and in the manner in which deeds are typically recorded. <br /> <br />12. Conflict between Terms of Franchise Agreement. In the event of a conflict between the terms of this Agreement <br />and any permit or franchise agreement entered into by Local Government Applicant and FPL, the terms of this <br />Agreement shall control. <br /> <br />Signed <br /> <br />~ Nmne <br /> <br />c< <br /> <br />~ <br /> <br />Title <br /> <br />I <br /> <br />Title <br /> <br />Title <br /> <br />Issued by: S. E. Romig, Director, Rates and Tariffs <br />Effective: April 4, 2006 <br />