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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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c. Assign to. FPL, to the extent requested by FPL, all rights of Applicant <br /> under contracts outstanding; <br /> d. Terminate, to the extent requested by FPL, outstanding contracts; <br /> e. Fully cooperate and refrain from hindering or interfering in any manner <br /> with any other persons or parties currently or prospectively performing <br /> the Work; and <br /> f. Take any other action toward termination, or toward preservation of the <br /> Work,that FPL may direct. <br /> 13.3. Upon a Teimunation for Cause, all obligations of FPL hereunder shall terminate <br /> effective immediately. Upon such Termination for Cause, FPL may either rework <br /> or take over the terminated Work and proceed to provide such materials, supplies, <br /> equipment and labor of both FPL and FPL contractors,- as may be reasonably <br /> necessary to complete said Work. FPL may have any partially fabricated portion <br /> of the Work removed from Applicant's or contractor's facilities upon Notice to <br /> Applicant. Applicant shall be liable for any increase of FPL's costs, including <br /> rework costs, incurred by FPL as a result of FPL's termination of the contract for <br /> cause. <br /> 13.4: In the event of Termination for Cause, FPL shall have no liability to Applicant for <br /> costs incurred by Applicant as a result of such termination. <br /> 14. Termination Prior to Construction. Applicant may terminate this Agreement at any time <br /> prior to the start of construction. If Applicant elects to still complete the Conversion, then <br /> the Contribution-In-Aid-of-Construction (CIAC) amount provided in the Conversion <br /> Agreement shall be revised accordingly. The revised Conversion Agreement must be <br /> executed and any additional CIAC due received by FPL prior to the start of construction. <br /> 15. Assignment. This Agreement is not assignable. <br /> 16. Applicant's Payments to FPL. Any monies that are owed by Applicant to FPL under this <br /> Agreement shall be paid to FPL within thirty(30) days of FPL producing an invoice. <br /> 17. Notice. As used herein, the term "Notice" shall mean any formal written correspondence <br /> providing notice of action, purpose, intent or the like given under the provisions of this <br /> Agreement. Unless otherwise provided in this Agreement, Notice shall be delivered in <br /> person, by courier or by certified mail and shall be effective when received. General <br /> correspondence is not categorized as Notice. <br /> Page 5 of 6 (Rev. 10/23/06) <br />
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