Streetlight Service Agreement - LED Street Light Upgrades & Assoc. Rates, IURC Cause No 45285

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the Company and the City. Unless otherwise mutually agreed, payment for the installation of such additional lamps shall be at the rate specified in the respective filed tariff, which includes new lamps added to existing poles covered in the uplift “no-pole” portion of the tariff. Temporary lamps, if ordered, shall be furnished under a special agreement. 4.Payment Terms: Bills are due upon receipt and payable within seventeen (17) days of the mailing date. 5.Ownership and Termination: All material furnished by the Company shall remain the property of the Company, and shall be reasonably maintained by the Company. All material furnished by the Company may be removed at the termination of this Agreement, if the City provides in writing a determination that certain fixtures are no longer needed for public safety and/or that the City no longer wishes to participate in an existing or new company- owned streetlighting tariff program. 6.Maintenance and Downtime: The Company shall keep every lamp herein specified in operation during the time provided. Adjustments to the bill for outages which are reported to the Company shall be made for all days during which the lamp failed to properly work, provided that the Company shall be given two regular work days (Monday through Friday) from the time of notification by the City or its representative to repair any fixture covered in this agreement and that no adjustment shall be made if the repair is completed within that two day period. Verbal notification from the City shall be sufficient to initiate repair measures. Formal notification for the purpose of bill adjustment shall be provided in writing via email from the City. The bill adjustment made by the Company shall be on a daily pro rata basis to reflect the actual number of days that the unit was inoperative. 7.Temporary Right of Use: The City, as a further consideration for the promises and agreements made by the Company, herein set forth, hereby grants to the Company the temporary use of streets, alleys and public places for the sole purpose of placing and maintaining its poles, light fixtures, and other related equipment needed to perform the LED retrofit work specified in this contract, after the Company has confirmed with the City the appropriateness of equipment location and placement. The Company shall not store hazardous materials on City property at any time. 8.Default: If the City defaults in the payment of any bills as herein provided, the Company shall follow the IURC requirements for utility notices, grace periods and potential disconnections. 9.Municipal Budget: The City agrees that during the life of this Agreement it will provide in its annual budgets and estimates and levy of taxes sufficient funds to pay the Company any amounts due for services rendered under said Agreement. Expenditures are subject to the legal appropriation of funds from the South Bend Common Council. Miscellaneous: 10.All terms and conditions of this Agreement shall be binding upon and insure to the benefit of the parties hereto, their respective successors and/or assigns. 11.This Agreement cancels and supersedes all previous Agreements relating to the supply of the service described herein. 12.This Agreement shall be effective upon execution and approval by the Indiana Utility Regulatory Commission and shall extend for a period of 60 months (five years) from the first day of the first month following the completion of the upgrades under the PES Plan. 13.All provisions of this Agreement shall be considered as separate terms and conditions, and in the event any one shall be held illegal, invalid or unenforceable, all the other provisions hereof shall remain in full force and effect as if the illegal, invalid, or unenforceable provision were not a part hereof, unless the provision held illegal, invalid or unenforceable is a material provision of this Agreement, in which case the Company and the City agree to amend this Agreement with replacement provisions containing mutually acceptable terms and conditions. 14.The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Indiana. 15.This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.