647-96 Grant Florida Power Franchise

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y • T.- part thereof, other than the part declared to be invalid. In the event of any such partial invalidity, the Grantor and Grantee shall meet and negotiate in good faith to obtain a replacement provision that is in compliance with the judicial authority's decision. - OR BK 3E38 PG 35'E� SECTION 17: Acceptance. 7 of 8 This Ordinance shall become effective upon being legally passed and adopted by the City Council of the City of Zephyrhills, as provided by law; and it is further agreed that Grantee shall accept this franchise as of the date of the passage and adoption by the City Council and shall signify 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 that if 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 limes 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 to 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 Mail, Certified Mail return receipt requested or by facsimile. Any notice served by certified mail return receipt shall be deemed 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 General Counsel City of Zephyrhills Florida Power Corp. 5335 Eighth Street P.O. Box 14042 Zephyrhills, FL 33540 St. Petersburg, FL 33733-4042 Notice shall be given 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.