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OR BK 3965 PG 1620
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<br /> employees, agents, contractors, sublessees or licensees of any of its facilities. In
<br /> consideration of the permissions granted to the Grantee by this Agreement, Grantee
<br /> hereby agrees to indemnify and hold harmless the Grantor, its officers, agents and
<br /> employees from and against any and all claims, suits, actions, and causes of action,
<br /> arising during the term of this Franchise and resulting in personal injury, loss of life or
<br /> damage to property sustained by any person or entity, through or as a result of the doing
<br /> of any work herein authorized or the failure to do work herein required, and including
<br /> all costs, attorney's fees, expenses and liabilities incurred by the Grantor in connection
<br /> with any such claim, suit, action or cause of action including the investigation thereof,
<br /> and the defense of any action or proceeding brought thereon and any order,judgment
<br /> decree which may be entered in any such action or proceeding or as a result thereof,
<br /> except that neither the Grantee nor any of its employees, agents, contractors, licensees,
<br /> or sublicensees shall be liable under this section for any and all claims, suits, actions,
<br /> damages, expenditures, including attorney's fees, or causes of action arising out of injury,
<br /> loss of life or damage to persons or property caused by or resulting from the negligence,
<br /> act, omission, or error of Grantor, its officers, agents, or employees. Nothing in this
<br /> Franchise Agreement shall be construed to affect in any way the City's rights, privileges,
<br /> and immunities under the doctrine or "sovereign immunity" and as set forth in Section
<br /> 768.28, Florida Statutes. The provisions of this section shall survive this Franchise
<br /> Agreement
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<br /> SECT ON 10: Accounts and Record's'
<br /> The Grantee shall maintain accounting, maintenance, and construction records
<br /> as prescribed by the Florida Public Service Commission. The Grantee shall establish and
<br /> maintain appropriate accounts and records in such detail that revenues within the limits
<br /> of the City of Zephyrhills are consistently declared separately from all other revenues,
<br /> and such records shall be maintained with the state of Florida, and be open at all
<br /> reasonable times for inspection by the duly authorized representatives of the Grantor.
<br /> SECTION 11: Franchise Fee
<br /> Within thirty(30)days after the close of each month, the Grantee, its successors
<br /> or assigns, shall pay to the Grantor, or its successors, a franchise fee for the preceding
<br /> month of six percent (6%) of Grantee's gross revenues (except for those customers
<br /> whom the City has exempted the payment of franchise fees and which the company will
<br /> pass the exemption on to the customer's bill), less any adjustments for uncollectible
<br /> accounts, from the sale of natural gas to customers within the corporate limits of the
<br /> Grantor,which fee shall be inclusive of license fees, permit fees, ad valorem and all other
<br /> taxes levied or assess or to be levied or assessed by or on behalf of the Grantor upon the
<br /> Grantee, it properties, or its operations within the city limits of the City of Zephyrhills.
<br /> The franchise fee payment shall be deemed paid on-time if post-marked within thirty(30)
<br /> days of the close of the preceding month.
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