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OR BK PG 124 7 <br /> 4of8 <br /> SECTION 7: Favored Nations. <br /> (A)In the event Grantee shall hereafter accept an electric utility franchise ordinance from any <br /> municipality providing for the payment of a franchise fee in excess of the amount provided..The <br /> Grantor reserves the right to amend this Franchise to require.the Grantee to pay the Grantor such <br /> additional franchise fees. <br /> (13)In no event shall Grantor receive a franchise fee that is less, in terms of percentage and/or <br /> Base Revenues,than any other governmental entity within Grantee's service area, except that, in the <br /> event Grantor shall hereafter grant a utility franchise to any other energy supplier providing for the <br /> payment of a franchise fee less than the amount provided for in Section 6 above, then Grantor shall <br /> be obligated to accept an amendment of this ordinance providing for a decrease in the franchise fee <br /> to such lesser amount. <br /> SECTION 8: Rates and Services Provided. <br /> The rates to be charged and services provided by the Grantee for electric service within the <br /> corporate limits of Grantor during the term of this franchise shall be as provided in the Grantee's <br /> tariffs now or hereafter approved. <br /> SECTION 9: Character of Service. <br /> Grantee agrees that the materials to be used in the construction, operation and maintenance <br /> of the electric distribution system and the service to be rendered thereby shall be in every respect <br /> equal to those provided to Grantee's other franchised communities. <br /> SECTION 10: Indemnification. <br /> (A)Grantor shall in no way be liable or responsible for any accident or damage-that-inay occur <br /> 111 <br /> in the construction, operation or maintenance by Grantee of its facilities thereunder, and the <br /> acceptance of this franchise by Grantee shall be deemed an agreement on the part of the Grantee to <br /> indemnify Grantor and hold it harmless against any and all liability, loss, cost, damage or expense <br /> which Grantor may incur by reason of the neglect, default, or misconduct of Grantee in the <br /> construction, operation, or maintenance of its electric utility facilities thereunder. <br /> (B) Grantee shall maintain throughout the term of this Franchise sufficient insurance or <br /> financial resources to provide self insurance insuring the Grantor and Grantee with regard to all <br /> damages set forth in Section 10 (A)in the minimum amounts of: <br /> (i) $1,000,000 for bodily injury or death to a person; <br /> (ii) $3,000,000 for bodily injury or death resulting from any one accident; <br /> (iii) $50,000 for property damage resulting from any one accident; and <br /> (iv) $1,000,000 for all other types of liability. <br /> (C) Grantee must submit on an annual basis, when submitting its annual audited financial <br /> report, a certificate of insurance naming the City of Zephyrhills as an additional insured, or <br /> documentation that clearly demonstrates that it has accumulated sufficient financial resources in order <br /> to provide insurance coverage as indicated in Section 10(B) above. <br /> SECTION 11: Approval ofTransfer. <br /> (A)The rights and privileges granted by this Franchise shall not be sold, or assigned in whole <br /> or in part without the Grantor's prior written approval; however, such consent shall not be <br />