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14 <br /> Exhibit H aV/�al a- c • �. <br /> MASTER AGREEMENT <br /> FOR <br /> DEMAND SIDE MANAGEMENT AND ENERGY EFFICIENCY SERVICES <br /> (STATE GOVERNMENTAL ENTITIES <br /> THIS MASTER AGREEMENT is made and entered into as of August 19,2008(the"Effective Date'),by <br /> and between FPL Energy Services,Inc.,a Florida corporation,license No.QB0017858,and Indian River County,a <br /> political subdivision of the State of Florida,with reference to the following: <br /> RECITALS <br /> A. Pursuant to Florida Statutes Section 489.145, known as the Guaranteed Energy Performance <br /> Savings Contracting Act, the Customer issued a Request for Qualifications to the 12 entities listed as "Energy <br /> Service Companies/Guaranteed Energy Performance Savings Contractors" currently approved under a State of <br /> Florida Master Procurement. The Guaranteed Energy Performance Savings Contractors were selected in <br /> compliance with Florida Statutes Section 287.055,the Consultants Competitive Negotiation Act; <br /> B. The Customer formed a selection committee to review the submittals and short-listed 3 firms;on <br /> June 3, 2008, the County Board of County Commissioners approved the selection of the Company to perform the <br /> Services contemplated in this Master Agreement; <br /> C. The Company is a guaranteed energy performance savings contractor as defined in Florida <br /> Statutes section 489.145(3)(e); is licensed under Chapters 471,481,and 489,Florida Statutes;and is in the business <br /> of providing demand side management energy efficiency Services for its customers pursuant to a Company initiated <br /> Program; <br /> D. The Customer has agreed to participate in the Program by considering the furnishing and <br /> upgrading of its facilities with energy efficient equipment and systems in order to achieve potential water and energy <br /> savings;and <br /> E. Pursuant to this Master Agreement, the Parties wish to set forth their understanding concerning <br /> certain Services which may be provided by the Company to the Customer under the Program. <br /> NOW,THEREFORE,in consideration of the mutual promises and covenants set forth herein,and for other <br /> good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the Parties,intending <br /> to be legally bound,hereby agree as follows: <br /> ARTICLE 1 —DEFINITIONS <br /> 1.1 Authorization Form means a form prepared by the Company for the purpose of identifying the <br /> Customer's options for proceeding with the evaluation,design or installation of specific ECO's identified at one or <br /> more Service Locations. An Authorization Form shall accompany each of the following types of documents <br /> prepared by the Company under this Master Agreement,Feasibility Study Proposals and Feasibility Reports. <br /> 1.2 Change means a request by the Customer that changes the Services, which may consist of <br /> modifications or additions to, or deletions from, any Services to be performed or materials to be provided by the <br /> Company arising under this Master Agreement. <br /> 1.3 Company means FPL Energy Services, Inc., a Florida corporation, including its successors and <br /> assigns. <br /> 1.4 Confidential Information shall mean all information marked as "confidential"or"proprietary"by <br /> an appropriate stamp,label,legend or other written notice thereon if transmitted electronically or other written form, <br /> Page 1 of 20 Rev 08/15/08 <br />