Common use of USE OF STREETS Clause in Contracts

USE OF STREETS. The Distribution System shall be erected, placed, or laid in such manner as will, consistent with necessity, least interfere with other public uses of the Rights-of-way, and said Rights-of-way shall not be unnecessarily obstructed, and before, except in an emergency situation, the Company makes any excavation or disturbs the surface of any of the Rights-of-way, it shall make application for a permit to the appropriate City authority. The City shall issue, or if applicable deny, permits within ten (10) business days of application by the Company. The Company shall, with due diligence and dispatch, place such Rights-of-way in as good a condition as before such excavation or disturbance was made; provided, however, that should the Company fail, within ten (10) days of its receipt of written notice from the City, to restore such Rights-of-way, whether due to relocation, removal, disconnection, alteration or otherwise, then the City may undertake such restoration (other than any restoration work on the Distribution System) and charge the reasonable cost thereof to the Company. To the extent consistent with Florida law, the Company hereby agrees to abide by all the rules and regulations and ordinances which the City has passed or might pass in the future, in the exercise of its police power, and further agrees to abide by any established policy which the City or its duly authorized representative has passed, established, or will establish, in the exercise of its police power, if necessary under the City’s Police powers, or to otherwise protect the public health, safety and welfare; provided, however that the City shall not pass any ordinance or regulation that results in a material change in the rights or obligations of the Company under the Franchise Agreement. The Company’s facilities shall be installed or relocated, whichever is applicable, in the Rights-of-way so as to cause a minimum of interference with the utilization of the Rights-of-way of or by the City. Accordingly, the Company shall abide by the City’s permitting procedures and restrictions.

USE OF STREETS. The Distribution System shall be erected, placed, or laid in such manner as will, consistent with necessity, least interfere with other public uses of said public streets, alleys, waterways, easements and other public places of the Rights-of-wayTOWN, and said Rights-of-way public streets, alleys, waterways, easements and other public places of the TOWN shall not be unnecessarily obstructed, and before, except in an emergency situation, the Company makes any excavation or disturbs the surface of any of the Rights-of-waypublic streets, alleys, waterways, easements and other public places of the TOWN, it shall make application for a permit to the appropriate City authority. The City shall issue, or if applicable deny, permits within ten (10) business days of application by the Company. The Company TOWN authority and shall, with due diligence and dispatch, place such Rights-of-way public streets, alleys, waterways, easements and other public places of the TOWN in as good a condition and repair as before such excavation or disturbance was made; provided, however, that should and in default thereof the Company fail, within ten (10) days of its receipt of written notice from the City, to restore TOWN may make such Rights-of-way, whether due to relocation, removal, disconnection, alteration or otherwise, then the City may undertake such restoration (other than any restoration work on the Distribution System) repairs and charge the reasonable cost thereof to the CompanyCompany and collect the same from it. To the extent consistent with Florida lawLaw, the Company hereby agrees to abide by all the rules and regulations and ordinances which the City TOWN has passed or might pass in the future, in the exercise of its police power, and further agrees to abide by any established policy which the City TOWN or its duly authorized representative has passed, established, or will establish, in the exercise of its police power, if necessary under the City’s Police powers, or to otherwise protect the public health, safety and welfare; provided, however however, it is not intended hereby that the City TOWN shall not pass any ordinance or regulation that results in a material change in have the rights or obligations right of breaching the Company under the terms of this Franchise Agreement. The Company’s facilities shall be installed or relocated, whichever is applicable, in the Rights-of-way so Agreement other than as to cause a minimum of interference with the utilization of the Rights-of-way of or by the City. Accordingly, the Company shall abide by the City’s permitting procedures and restrictionsherein provided.

USE OF STREETS. The Distribution System Right to Grade, Re- Locate, Close, etc. Right to Convey. Company; nor shall any deed from the Company. hereafter made, conveying any part of the land included in said tract, be held to convey the title to or to dedicate the bed of any street, except where expressly so conveyed or dedicated in the deed. If any public authority shall condemn for public uses any street, or streets, included in said tract and if in the condemnation proceedings damages shall be erected, placedawarded to the Company for the taking of such street, or laid in such manner as will, consistent with necessity, least interfere with other public uses of the Rights-of-way, and said Rights-of-way shall not be unnecessarily obstructed, and before, except in an emergency situationstreets, the Company makes agrees to apply the amount received by it as damages in each condemnation proceeding, or so much thereof as may be necessary for the purpose, toward reimbursing the owners of any excavation or disturbs land included in said tract, against whom in such proceeding benefits may have been assessed in excess of the surface of damages awarded to them. The Company hereby gives and grants to each owner, hereafter acquiring title to any of the Rights-land included in said tract, the right to such use of the streets, shown on said plat or which may hereafter be laid out in said tract, as may be necessary for reasonable and convenient ingress and egress to and from the land belonging to such owner; but, subject to such user by said owners, the Company expressly reserves to itself the title to both the surfaces and beds of all said streets, and the right to use and occupy the same or to allow others so to do in any manner that does not materially interfere with said user of ingress and egress, and it further expressly reserves the exclusive right to grade, change the grade of-way, it regrade, change the location of, close or, partly close any such street, but no change of location, grade or closing shall make application for a permit be made that will prevent reasonably convenient ingress and egress to the appropriate City authority. The City shall issueand from, or if applicable denytake any portion of, permits within ten (10) business days of application any lot sold or conveyed by the CompanyCompany prior to such change of location grade or closing. The Company shall, with due diligence and dispatch, place such Rights-of-way in as good a condition as before such excavation or disturbance was made; providedreserves, however, that should the Company failright to dedicate to public use and the right to convey to any public authority or to any corporation having power to acquire the same, within ten (10) days any or all of its receipt of written notice from the Cityright, title and interest in and to restore such Rights-of-wayany street shown on said plat or hereafter laid out in said tract, whether due to relocation, removal, disconnection, alteration or otherwise, then the City may undertake such restoration (other than any restoration work on the Distribution System) and charge the reasonable cost thereof subject to the Companyrights of owners of any land included in said tract as hereinbefore granted. To the extent consistent with Florida law, the Company hereby agrees to abide by all the rules and regulations and ordinances which the City has passed or might pass in the future, in the exercise of its police power, and further agrees to abide by any established policy which the City or its duly authorized representative has passed, established, or will establish, in the exercise of its police power, if necessary under the City’s Police powers, or to otherwise protect the public health, safety and welfare; provided, however that the City shall not pass any ordinance or regulation that results in a material change in the rights or obligations of the Company under the Franchise Agreement. The Company’s facilities shall be installed or relocated, whichever is applicable, in the RightsSUB-of-way so as to cause a minimum of interference with the utilization of the Rights-of-way of or by the City. Accordingly, the Company shall abide by the City’s permitting procedures and restrictionsDIVISION X COMMUNITY MAINTENANC E CHARGE.