690-98 Withlacoochee River Electric Franchise

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OR BK. 1 1 PG 1 2 O 7of .8 its acceptance in writing within thirty days after the City Council's approval of this ordinance by filing its written acceptance with the City Clerk. SECTION 18: Attorney's Fees and Expenses. Except as otherwise provided for herein, Grantor and Grantee hereto agree,thatif litigation becomes necessary to enforce any of the obligations, terms and conditions of this Franchise, the prevailing party shall be entitled to recover a reasonable amount of attorney's fees and court costs, including fees and costs on appeal, from the non-prevailing party. . SECTION 19: Governing Law and Venue. (A) The rights and privileges granted to Grantee by this Franchise shall-at all times be subordinate and inferior to the rights of the public in and to the ordinary use of.Grantor's Rights-of-Way and nothing in this Franchise shall be considered as a surrender by Grantor of its right and power to use and relocate the use of its Rights-of-Way. (B)The Franchise and rights herein granted are subject to the provisions of existing Federal laws and the laws of the State of Florida and those hereafter enacted pertaining to the granting of franchises and to Retail Wheeling. (C) Venue. In the event that any legal proceeding is brought lo enforce the terms of this Franchise,the same shall be brought in Dade City,Pasco County,Florida, or, if a federal claim, in the U.S. District Court in and for the Middle District of Florida, Tampa-Division. SECTION 20. Notices. . Except in exigent circumstances, all notices by either Grantor or Grantee-to the other shall be made by either depositing such notice in the United States Mai`, Certified M ii rec irn receipt requested or by facsimile. Any notice served by certified mail return receipt shall be dot fined delivered five(5)days after the date of such deposit in the United States mail unless otherwise provided. Any notice-given by facsimile is deemed received by next Business Day. "Business Day" for purposes of this section shall mean Monday through Friday, with Saturday, Sunday and Grantor and Grantee observed holidays excepted. All notices shall be addressed as follows: To Grantor: To Grantee: City Manager Robert S. Trinide, Esq. City of Zephyrhills 121 North Collins Street 5335 Eighth Street P.O. Box TT Zephyrhills, FL 33540 Plant City, FL 33564-9040 Attorney for Withlacoochee River Electric Cooperative, Inc. Notice shall be.gvc-i as required by this Franchise and for all-other emergencies. Notice shall be provided to the above-named addressees unless directed otherwise in writing by Grantor or Grantee. SECTION 21: Non-waiver Provision. The failure of either party to insist in any one or more instances upon the strict performance of any one or more of the terms.or provisions of this Franchise shall not be construed as a waiver or relinquishment for the future of any such term or provision, and the same shall continue in full force