647-96 Grant Florida Power Franchise

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OR BK 363.8 PG 356 4of8 additional franchise fees nor limit Grantee's liability with respect thereto including late payments outlined in Section 6 (B). (B)In no event shall Grantor receive a franchise fee that is less, in terms of percentage and/or Base Revenues,than any other governmental entity within Grantee's service area, except that, in the event Grantor shall hereafter grant a utility franchise to any other energy supplier providing for the payment of a franchise fee less than the amount provided for in Section 6 above, then Grantor shall be obligated to accept an amendment of this ordinance providing for a decrease in the franchise fee 11 to such lesser amount. SECTION 8: Rates and Services Provided. The rates to be charged and services provided by the Grantee for electric service within the corporate limits of Grantor during the term of this franchise shall be as provided in the Grantee's tariffs now or hereafter approved by the Florida Public Service Commission, or such agency of the State of Florida or other entity as may have proper jurisdiction over such rates and charges of Grantee. SECTION 9: Character of Service. Grantee agrees that the materials to be used in the construction, operation and maintenance of the electric distribution system and the service to be rendered thereby shall be in every respect equal to those provided to Grantee's other franchised communities. Grantee shall maintain a business office or locations within the City which shall be open during normal business hours for the purpose of accepting payments of electric bills and receiving customer inquiries. SECTION 10: Indemnification. (A)Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by Grantee of its facilities thereunder, and the acceptance of this franchise by Grantee shall be deemed an agreement on the part of the Grantee to indemnify Grantor and hold itharmless against any and all liability, loss, cost, damage or expense which Grantor may incur by reason of the neglect, default, or misconduct of Grantee in the construction, operation, or maintenance of its electric utility facilities thereunder. (B)Grantee shall maintain throughout the term of this Franchise sufficient financial resources to provide self insurance insuring the Grantor and Grantee with regard to all damages set forth in Section 10 (A) in the minimum amounts of: (i) $1,000,000 for bodily injury or death to a person; (ii) $3,000,000 for bodily injury or death resulting from any one accident; (iii) $50,000 for property damage resulting from any one accident; and (iv) $1,000,000 for all other types of liability. (C)It is acknowledged by the Grantor that Grantee provides its own liability insurance(self insured). Grantee must submit on an annual basis,when submitting its annual audited financial report, documentation that clearly demonstrates that it has accumulated sufficient financial resources in order to provide insurance coverage as indicated in Section 10(B) above.