|
similar revisions to compensation amounts under these criteria in additional five year periods
<br /> throughout the term of this Agreement.
<br /> SECTION 7. If, at any time, during the term of this agreement, Municipality permits
<br /> another entity or person to provide electric distribution or similar services, and Company
<br /> reasonably believes the other entity or person is granted more favorable treatment, terms, or
<br /> conditions, then Company shall notify Municipality of such treatment, terms, or conditions.
<br /> Alternatively, if Municipality reasonably believes the other entity or person grants Municipality
<br /> more favorable treatment, terms, or conditions, then Municipality shall notify Company of such
<br /> treatment, terms, or conditions. Upon receipt of such notice, Municipality and Company shall
<br /> negotiate in good faith to amend this Agreement to provide Company or Municipality such more
<br /> favorable treatment, terms or conditions on an equivalent basis. Such amendment shall take into
<br /> consideration all circumstances that distinguish between Company and the entity or person
<br /> receiving the more favorable or less favorable treatment, terms, or conditions.
<br /> SECTION 8. The Company shall be exempt from any special tax, assessment, license,
<br /> rental or other charge during the term of this Agreement, on all poles, conductors, wires, cables,
<br /> conduits, equipment and other apparatus placed in the streets, alleys, avenues, bridges,
<br /> easements, rights of way or other public places within the corporate limits of Municipality.
<br /> SECTION 9. The rights, privileges and authority hereby granted shall inure to and be
<br /> vested in Company, its successors and assigns, successively, subject to all of the terms,
<br /> provisions and conditions herein contained, and each of the obligations hereby imposed upon
<br /> Company shall devolve and be binding upon its successors and assigns, successively, in the same
<br /> manner.
<br /> SECTION 10. This Agreement shall confer no right, privilege or authority on Company,
<br /> its successors or assigns, unless Company shall within ninety (90) days after due notice to the
<br /> Company of the enactment of this Agreement, file with the City Clerk an acceptance of the terms
<br /> and provisions hereof; provided, however, that if such acceptance be not so filed within said
<br /> period of ninety (90) days, all rights, privileges, and authority herein granted shall become null
<br /> and void.
<br /> SECTION 11. All rights, privileges and authority given and granted by this Agreement
<br /> are granted for a term of 20 years from and after the acceptance of this Agreement as hereinafter
<br /> provided (the "Initial Term"), and thereafter on a year-to-year basis (each a "Subsequent Term")
<br /> unless either the Company or Municipality notifies the other in writing of its desire to terminate
<br /> this Agreement at least six (6) months prior to the expiration of the Initial Term or any
<br /> Subsequent Term.
<br /> SECTION 12. The Municipality acknowledges that Company is vested in rights,
<br /> permissions and authority independent of this Agreement. Neither acceptance of this Agreement
<br /> nor compliance with its provisions shall impair in any way or waive any right, permission or
<br /> authority which Company may have independent of this Agreement. In addition, neither use by
<br /> Company of public property or places as authorized by this Agreement nor service rendered by
<br /> Company in said Municipality shall be treated as use solely of the rights, permission and
<br /> 4
<br />
|