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Reso 2016-2538
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Reso 2016-2538
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Last modified
3/21/2016 2:56:32 PM
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3/21/2016 2:56:28 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2016-2538
Date (mm/dd/yyyy)
03/17/2016
Description
Agmts w/FPL for Underground Conversions for 1st Construction Phase
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acknowledges that all rights, title and interest, free and clear of all liens, in and to the Work <br /> shall vest in FPL. If requested by FPL, Applicant shall provide FPL, in a form acceptable to <br /> FPL, an affidavit of Applicant certifying payment of all indebtedness to.all Contractors and a <br /> written release of liens from Applicant and each Contractor. <br /> 11. No Liability by FPL. FPL assumes no liability due to any damage, misunderstanding of <br /> installation drawings or specifications, or any actions due to Applicant or its Contractor. <br /> 12. Suspension for Cause: <br /> 12.1. FPL may, by Notice, temporarily suspend the Work, or any portion thereof, under <br /> this Agreement when the performance by Applicant or Contractor is unsatisfactory <br /> to obtain the results required by this Agreement. <br /> 12.2. The methods by which Applicant performs its Work are entirely the responsibility <br /> of Applicant. FPL's right to suspend Work is intended solely to verify that the <br /> Work being performed. by Applicant and its Contractor conforms to the design, <br /> instruction, standards, and specifications and shall not obligate FPL to review the <br /> efficiency, adequacy or safety of Applicant's or its Contractors methods or means <br /> of operation or construction. <br /> 12.3. Any additional costs incurred by Applicant resulting from such suspension shall be <br /> borne solely by Applicant. <br /> 12.4. If Applicant immediately corrects the unsatisfactory condition FPL shall authorize <br /> resumption of the Work. Applicant's failure to immediately effect correction of <br /> the unsatisfactory conditions shall be cause for termination of this Agreement. <br /> 13. Termination for Cause: <br /> . 13.1. FPL may, upon Notice to Applicant, and without prejudice to any remedy <br /> available to FPL under law, in equity or under this Agreement,terminate the whole <br /> or any part of this Agreement for cause and take possession of the Work without <br /> termination charge, penalty or obligation in the event Applicant fails to perform a <br /> material obligation under this Agreement and fails to cure such material obligation <br /> default within a reasonable period of time, but in no event more than ten (10) <br /> business days, after Notice from FPL specifying the nature of such default (any <br /> such termination referred to as a"Termination for Cause"). <br /> 13.2. In the event of Termination for Cause by FPL, Applicant shall: <br /> a. Unless instructed otherwise in the Notice, immediately stop all Work <br /> hereunder; <br /> b. Issue no further contracts except with the prior written consent of FPL; <br /> Page 4 of 6 (Rev. 10/23/06) <br />
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