98-907 Non-Exclusive Gas Franchise - Peoples Gas System (TECO)

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act, omission, or error of Grantor, its officers, agents, or employees. Nothing in this Agreement shall be construed to affect in any way the City's rights, privileges, and immunities under the doctrine of "sovereign immunity" and as set forth in Section 768.28, Florida Statutes. The provisions ofthis section shall survive this agreement. SECTION 9: ACCOUNTS AND RECORDS The Grantee shall maintain accounting, maintenance, and construction records as prescribed by the Florida Public Service Commission. The Grantee shall establish and maintain appropriate accounts and records in such detail that revenues within the limits of the City of Casselberry are consistently declared separately from all other revenues, and such records shall be maintained within the State of Florida, and be open at all reasonable times for inspection by the duly authorized representatives ofthe Grantor. SECTION 10: FRANCHISE FEE On or before March 1st of each year during the term of this franchise, the Grantee, its successors or assigns, shall pay to the Grantor, or its successors, a franchise fee for the preceding year of six percent (6%) of Grantee's gross revenue, less any adjustments for uncollectable accounts, from the sale of natural gas to customers within the corporate limits of the Grantor, which fee shall be inclusive of franchise fees, license fees, permit fees and ad valorem taxes levied or assessed by or on behalf of the Grantor upon the Grantee, its properties, or its operations within the City limits of Casselberry. If, during the term of this Franchise, the Grantor, by franchise agreement or ordinance, allows other gas providers, gas consumers or gas transporters ("Alternate Gas Providers") the right, privilege or franchise to construct, maintain, operate or use gas facilities in, under, upon, over or across the present or future streets, alleys, bridges, easements or other public places of the 6