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<br />SECTION 6. Favored Nations. <br /> <br />(A) In the event Grantee shall hereafter accept an electric utility franchise <br />ordinance from any municipality providing for the payment of a franchise fee in excess <br />of that provided for in Section 5 above, Grantee shall notify Grantor, and Grantor <br />reserves the right to amend this Franchise to increase the franchise fee payable under this <br />ordinance to no more than the greater franchise fee that Grantee has agreed to pay to such <br />other municipality. Also, if a court of law in Florida with jurisdiction over the Grantor <br />issues a final, non-appealable order (or an order that is not appealed) regarding a <br />mutually agreed to franchise between the Grantee and another municipality, upon the <br />issuance of such a final, non-appealable order (or order that is not appealed), such order <br />shall effect an amendment to this franchise on the payment of a franchise fee in excess of <br />six (6%) percent. Grantee's obligation to pay such greater franchise fee to Grantor shall <br />apply prospectively beginning with the next monthly franchisee fee payment following <br />Grantor's timely notice of its exercise of its amendment right to which FPC may collect <br />such increased fee from its customers. Grantee's failure to notify Grantor of such <br />additional payments does not limit Grantor's right to amend to require such additional <br />franchise fees. Nothing in this provision shall be construed as an acknowledgement by <br />Grantee that Grantor has any legal right to condemn or otherwise acquire Grantee's <br />facilities without Grantee's consent. No such consent is given by any provision of this <br />Franchise. However, in the event Grantee does not provide timely notice as required by <br />this paragraph, Grantor's amendment right shall, if exercised, relate back to the time at <br />which Grantor could have first exercised that right hereunder if Grantor had been timely <br />notified. Grantor shall notify Grantee whether Grantor will exercise its amendment <br />rights as to franchise fees within a reasonable period of time of Grantee's giving notice of <br />such other franchise terms or the date on which Grantee has actual knowledge of such <br />other franchise terms. <br /> <br />(B) Notwithstanding Section 6(A) above, it is the intent and agreement of <br />Grantor and Grantee that Grantee shall not be required to pay Grantor a franchise fee <br />under Section 5 of a percentage greater than that paid to Grantor by any other Electric <br />Utility or Electric Energy Provider utilizing Grantor's Rights-of-Way on such Electric <br />Utility's or Electric Energy Provider's revenues attributable to services that are the same <br />or substantially the same as those performed by Grantee. It is further the intent and <br />agreement of Grantor and Grantee that Grantee should not be placed at a competitive <br />disadvantage by the payments required by Section 5 of this Ordinance in the event other <br />Electric Utilities or Electric Energy Providers provide services in competition with <br />Grantee without utilizing Grantor's Rights-of-Way. Grantee agrees that Grantor shall <br />have the right and the sole responsibility, to the fullest extent permitted by law, to <br />enforce and collect a franchise fee under Section 6 from other Electric Utilities or other <br />Electric Energy Providers which utilize Grantee's facilities located in Grantor's Rights- <br />of-Way. <br /> <br />(C) In the event Grantee voluntarily enters in to a new, mutually agreed to <br />franchise with another municipality after the effective date of this franchise as provided <br /> <br />4 <br />