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221 134e*,: v o,k� �l J NOV 16 1995 MM COMIAIJINDUSMAL LOAD CONTROL PROGRAM AGRE mgwl —AN) /It WE This Agreement Is made Ibis '_L3_ day of 19 : ' by and, ,be ee .� diL ian •pmt; Utiii. - D-_ . (horelnaiter mUed tbe'Customer ),.located atsuth Colltlty v/o Hiehlanrl 1}riva in Vero Bt�ch Fjpoda, and FLORIDA POWER. do 11GFIT COMPANY, a Cowl atio organized under fhb ]aws-of the State or Flodda (hereinafter called the 't:,ompany'). WITNESSETH For and in consideration of the mutual covenants and agreements expressed herein, the Com follows; pany and the Customer agree as I. The Company agrees to furnish and the Customer agrees to take electric service subject to the terms and conditio as of the Company's Commerciai/lndustrial Load Control Program Schedule CILC-1(hereinafier called 'Schedule CMC- ') as currently approved or as may be modified from time to time by the Florida Public Service Commission (hereinafter c 'lied the'CommhAIW). The Customer understands and agrees that, whenever reference L• made in this Agreement to Schi dole ALC -1, both parties intend to, refer to Schedule CIRC -1 as It may be. modified from time to time. A copy o The Company's. presently approved Schedule CILC-13s attached hereto as Fxhibit A and hereby made an integral part. 01 this Agreement. Z To establish the Initial guallGratlon for service under Schedule CILC-1, the Customer must have had a maximum da and during the previous twelve months of 200.1..0 greater that{ the 7irm Demand' level specified in paragraph 7 below. 3. Service under Schedule C1LC-1 will be subject to determinations made under Commission Rule 25-6.0438; F.A.0-, Man. Firm Service Terms and Conditioos, of any other Commission determination. The Company and the Customer agree hot Schedule CILC-1 may be modified or withdrawn subject to determinations made under Commission Rule 25-6.0438, F C., Non -Firm Bectric Service - Terms and Conditions, or arty other, Commission determination. 4. prior to the- Customers receipt of service under Schedule CILC-1 the Customer must provide the Company a ' to Inspect any and all of the Customer's load control equipment, and must also have received approval from the Com ny that said equipment is satisfactory to effect control of the Customer's load. The Customer shall be responsible for mea g any applicable electrical code standards.and legal requirements pertainiag to the installation, maintenance and repel -of the equipment. The Customer shall be responsible for maintaining the Customers load control equipment and s all provide the Comparry acem stany reasonable time to inspect the condition ofthe equipment. for purposes of determi ng whether the load -control equipment is satisfactory to effect control of the Customary controllable load. 1t Is expr y understood that We initial approvel and later Inspections by the Company are not for the purpose oG and are not to be rcllM upon by the Customer for, determining whether the load control equipment has been adequately maintained o Is In compliance with any applicable electrical code standards or legal requirements. L The Customer agrees to perform the necessary changes by (date) Jtt].V 1997 to allow control of a port Of the Customer's toad. Raedule CILC-1 cannot apply earlier than this date unless agreed to by the Company. Should the Custod3er fall to complete the above work by the above-specified date, or should the Custogter fail to be taking service under Schedule CII.G1 during thatyear. this Agreement shall became null and void unless otfi.cAlse agrt by the Comps. In order toreeefve service under Schedule CIL-C-1, it shall be necessary for the Customer to exec a new Agreemant, which will again make the avallsbility of service subject to the 'Umltation of Availability' in Schedi CILC-1. 6. Upon completion of the installation of the load control equipment, it test -of this.equlpment will be ooti8ucted,at a 11r, It and trate mutually agreeable to•tbt: Company and the Customer. The test wi0. consist of a period of load control of a 31 I= than one hotttl.. Elrecthe upon the completion. of the. testing of the load control equipment, the Customer will egr to a'Frm Damast� Service under Schedule CILC-1 cannot commence,prior to the installation of load control equipme 21 and the successful completion of the test. 7. The Gustomeragr lee; to a 'Fum Demand° Level of kw during the periods when the Company I controlling the Ghsiomees service, This •Firm Demand"levet shall not be exceeded during periods when the Compatalr is coatroll113 foo Upon mutual sgreemekof the Company and;tbe Customer, the Customtly ers Firm Demand may subsequenbe tatsdd or lowered, as long is thi,cbange in`the `,Arm Demand' level Is not a result of a transfer or food from the eontroltabie portion of th¢ Customers I . 71e Customer. shall notify the Company upon adding firm load. 192