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8. In order to minimize the frequency and duration of interruptions under the CILC Program, the Company will attempt to obtain reasonably available additional capacity and/or energy under the Continuity of Service Provision in Schedule CILC-1. The Company's obligation in this 'regard is no different than its obligation in general to purchase power to serve its Customers during a capacity shortage; in other words, the Company Isnot obligated to account for or otherwise reflect in its generation and transmission planning and construction the possibility of providing capacity and/or energy under the Continuity of Service Provision. Customers:receiving service under Schedule CILC-1 may elect to.eontinue taking service. under the Continuity of Service Provision and it will be provided only if such capacity and/or energy -can ba obtained,by the Company and can be transmitted and distributed to non-firm Customers without any impairment of the Company's system or service to other firm Customers. The Customer sma/ does not elect to continue taking service under the Continuity of•Service Provision. The Customer may countermand the election specified above by providing written notice to the Company pursuant to the guidelines set forth in Schedule CILC-1. The Company's obligations under this paragraph are subject to the terms and conditions specifically set forth in Schedule CILC-i. 9. The Customer agrees to be responsible for the determination that all electrical equipment to be controlled kin good repair and working condition. 'Tile Company shall not be responsible for the repair, maintenance or replacement of the Customer's equipment. 10. If the Customer no longer wishes to receive any type of electric service from the Company, the Customer may terminate this Agreement by giving thirty (30) days' advance written .notice to the Company. 11. The Company may terminate this Agreement at any time if the Customer fails to comply with the terms and conditions of Schedule MC -1 or this Agreement. Prior to any such termination, the Company shall notify the Customer at least ninety (90) days in advance and describe the Customer's failure to comply. The Company may then terminate this Agreement at the end of the 90 -day notice period unless the Customer takes measures necessary to eliminate, to the Company's satisfaction, the compliance deficiencies described by the Company. Notwithstanding the foregoing, if, at any time during the 90 -day period, the Customer either refuses or fabs to initiate and pursue corrective action, the Company shall be entitled to suspend forthwith the monthly billing under the Schedule CILC-1, biU the Customer under the otherwise applicable firm service rate schedule and apply the rebilliog and penalty provisions enumerated under TERM OF SERVICE in Schedule CILC-1. 12. The Customer agrees that the Company will not. be liable for any damages or injuries that may occur as a result of control of electric service pursuant to the terns of Schedule MC -1 by remote control or otherwise. 13. This Agreement supersedes all previous agreements and representations, either written or oral, heretofore made between the Company and the Customer with respect to matters herein contained. Any modification(s) of this Agreement must be approved, in writing, by the Company and approved by the Commission. 14. This Agreement may not be assigned by the Customer without the prior written consent of the Company. 15. This Agreement is subject to the Company's 'General Rules and Regulations for Electric Service' and the Rules of the Commission. • IN WITNESS WHEREOF, the Customer .and the Company have caused this Agreement to be duly executed as of the day and year first above written. Witnesses. CUSTOMER Company. IND=N_ RIVER Si ed: Name: Terrance G. Pinto TalcDirector of Utility Services FLORIDA POWEit & LIGIfr OMPANY Signed: l'•'1-- / —__-- Name: i` - H duce r Trge: Ct 132 a Aid)" cikir2,y—