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8 24 /Mr •: y 02. COMMERCIAL/INDUSTRIAL LOAD CONTROL PROGRAM AGREEMENT NOV 1 6 1995 [Acz This Agreement is made this ' /2 day of � 19 y4 by and between Tnrlian Rivpr•Citmty Utilities Dept. (hereinafter called the 'Customer'),located atSout:ft Cotrnt)•+WN s ' .. v/0 600 highland Drive in Vero Beach , Florida, and FLORIDA POWER & LIGAT COMPANY, a corporation organized under the laws -of •the State of Florida (hereinafter called the 'Company'). WITNESSEIIL For and in consideration of the mutual covenants and agreements expressed herein, the Company and the Customer agree as follows: 1. The Company agrees to furnish and the Customer agrees to take electric service subject to the terms and conditions of the Company's Commercial/Industrial Load Control program Schedule CII;C-1 (hereinafter called 'Schedule CILC-1') as currently approved or as may be modified from time to time by the Florida Public Service Commission (hereinafter called the'Commission'). The Customer understands and agrees that, whenever reference is made in this Agreement to Schedule CMC -1, both parties intend to refer to Scheduie CILC 1 as it may bemodified from time to time. A copy of the Company's. presently approved Schedule C IL C -I is attached hereto as Exhibit A and hereby made an integral partof this Agreement. 2. To establish the initial girallfication for service under Schedule CILC-1, the Customer•must have had a maximum demand during the previous twelve months of 200.kw greater than the 'Firm Demand' level specified in paragraph 7 below 3. Service under Schedule CILC-i will be subject to determinations made under Commission Rule 25-6.0438; F.AC., Non - Firm Service -Terms and Conditions, or any other Commission determination. The Company and the Customer agree that Schedule CLLC-1 may be modified or withdrawn subject to determinations made under Commission Rule 25-6,0438, F.A.C., Non-Fum Electric Service - Terms and Conditions, or any other, Commission determination. 4. Prior to the Customer's receipt of service under Schedule CILC-1 the Customer must provide the Company access to inspect any and all of the Customer's load control equipment, and must also have received approval from the Company that said equipment is satisfactory to effect control of the Customer's load. The Customer shall be responsible for meeting any applicable electrfraf code standards .and Legal requirements pertaining to the installation, maintenance and•repair-of the equipment The Customer shall be responsible for maintaining the Customer's toad control equipment and shall provide the Company access atany reasonable time to inspect the condition of the equipment.for purposes of determining whether the load -control equipment is satisfactory to effect control of the Customer's controllable load. it is expressly understood that the initial approval and later inspections by the Company are not for the purpose of, and are not to 'be relied .upon by the Customer for, determining whether the load control equipment has been adequately maintained or is in compliance with any applicable electrical code standards or legal requirements. 5. The Customer agrees to perform the necessary changes by (date) July 1997 • ,.to allow control of a portion of the Customer's toad Schedule CILC-1 cannot apply earlier than this date unless agreed to by the Company. Should the Customer fall to complete the above work by the above-specified date, or should the Customer fail to begin taking service under Schedufe CILC-1 during that year, this Agreement shall become null and void unless ott ciwise agreed by the Company. In order to, receive service under Schedule CLLC-1, it shall be necessary for the Customer to execute a new Agreement, which will again make the availability of service subject to the 'limitation of Availability' in Schedule CILC-1. 6. Upon completion of the installation of thetoad control equipment, a test of this.equipment will be doriducted at a time and date mutualty.agree.able to•the Company and the Customer. The test will, consist of a period of load control of not Tess than ane hour.. Etfective upon the compiettoo. of the.testing of the load control equipment, the Customer will agree to a'Frm Dement. Service under Schedule CILC-1 cannot commence prior to the installation of load control equipment and the successful 7mpletion of the test. 7. 'The Customer agree; toa'Firm Demand' revel of 0 kw during the periods when the Compariy i.;.controlling the Customer's service, This 'Firm Demand' level shall not be exceeded during periods when the Company Is controuiog load. Upon mutual agreemedt,of the Company and;the Customer, the Customer's Flrm Demand may subsequently be raised or lowered, as long as the,change In the 'Firm Demand' level is not a result of a transfer of load from the controllable portioa of thei Customer's Igad. The Customer shall notify the Company upon adding firm load.