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Page 7 of 15 <br /> to FPL. Subject to all limitations, terms and conditions specified in the <br /> preceding sentence, the City shall have the sole discretion to determine <br /> the percentage to be used in calculating monthly payments, and FPL shall <br /> have the sole discretion to determine those benefits to which it would be <br /> entitled, under any such new franchise agreement. <br /> Section 7. Non-Competition by City. As a further consideration, during the term <br /> of this franchise or any extension thereof, the City agrees: (a) not to engage in the <br /> distribution and/or sale, in competition with FPL, of electric capacity and/or electric energy <br /> to any ultimate consumer of electric utility service (herein called a "retail customer") or to <br /> any electrical distribution system established solely to serve any retail customer presently <br /> served by FPL within the City's limits; and (b) not to participate in any proceeding or <br /> contractual arrangement, the purpose or terms of which would be to obligate FPL to <br /> transmit and/or distribute, electric capacity and/or electric energy from any third party(ies) <br /> to any other retail customer's facility(ies). Nothing specified herein shall prohibit the City <br /> from engaging with other utilities or persons in wholesale transactions which are subject to <br /> the provisions of the Federal Power Act, as may be amended from time to time. <br /> The City may, if permitted by law, (i) generate electric capacity and/or energy at <br /> any facility owned or leased by the City for storage or utilization at that facility or other <br /> City-owned or leased facilities as chosen by the City, and (ii) use renewable energy <br /> sources to generate electric capacity and/or energy for use in demonstration projects or at <br /> City facilities, including but not limited to, City Hall, and (iii) sell electric capacity and/or <br /> energy to FPL or other wholesale purchasers in compliance with applicable tariffs, and/or <br /> federal or state laws, rules and regulations controlling such transactions. The term "retail <br /> customer," for purposes of this section shall not include the City itself. <br /> Nothing herein shall prohibit the City, if permitted by law, (i) from purchasing <br /> electric capacity and/or electric energy from any other person, or (ii) from seeking to have <br /> FPL transmit and/or distribute to any facility(ies) of the Cityelectric capacity and/or <br /> electric energy purchased by the City from any other person; provided, however, that <br /> before the City elects to purchase electric capacity and/or electric energy from any other <br /> person, the City shall notify FPL. Such notice shall include a summary of the specific <br /> rates, terms and conditions which have been offered by the other person and identify <br />