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Docket No. 170077 -EQ Attachment A
<br />Date: June 29, 2017 Page 15 of 42
<br />Second Revtced Sheet No. 9.042
<br />FLORIDA POWER & LIGHT COMPANY Cancels First Sheet No. 9.042
<br />SEEN
<br />(Continued from ShedNo. 9.041)
<br />ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED; PROVIDED. HOWEVER THE PARTIES AGREE
<br />THAT THE FOREGOING LIMITATIONS WILL NOT IN ANY WAY LIMIT LIABILITY OR DAMAGES UNDER ANY THIRD PARTY
<br />CLAIMS OR THE LIABILITY OFA PARTY WHOSE ACTIONS GIVING RISE TO SUCH LIABILITY CONSTITUTE GROSS NEGLIGENCE
<br />OR WILLFUL MISCONDUCT. THE PROVISIONS OF THIS SECTION SHALL APPLY REGARDLESS OF FAULT AND SHALL SURVIVE
<br />TERMINATION, CANCF.IJATION, SUSPFNSION, COMPLETION OR EXPIRATION OF THIS CONTRACT. NOTHINO CONTAINED IN
<br />THIS AOREEMENT SHALL BE DEEMED TO BE A WAIVER OF A PARTY'S RIGHT TO SEEK INJUNCTIVE RELIEF.
<br />1S. Insurance
<br />15.1 The QS shall procure or cause to be procured, mrd shat maintain throughout the entire term of this Contract, a policy or
<br />policies of liability insurance isstrod by an insurer adaptable to FPL on a standard "Insurance Services Office" commercial general liability
<br />form (such policy or policies, collectively, the "QS Insarana"} A certificate of insurance shall be delivered to FPL at least fufteen (IS)
<br />calcrdar days prior to the strut of any interconnection work At a minimum, the QS Insurance dhall'eontain (a) an endorsement providing
<br />coverage, including products liability/completed operations coverage for the term of this Contract, and (b) a broad form contractual liability
<br />endorsement covering liabilities (i) which might arise under, or in the performartce or conperfomtartee oC this Contract and the
<br />Interconnection Agreement, or (ii) causal by operation of the Facility or any of the QS's equipment or by the QS's failure to maintain the
<br />Facility or the QS's equipment in satisfactory and safe operating condition. Fdtective at host fifteen (15) calendar days prior to the
<br />synchroni2ation of the Facility with FPL's system. the QS Insurance shall be amended to include coverage for interruption or curuohnent of
<br />power supply in aced lone with industry standards. Without limiting the foregoing, the QS Insurance: must be reasonably acceptable to FPL.
<br />Any premium assessment or deductible shall be for the account of dee QS and sot FPL.
<br />152 The QS h mence shell dare a minimum limit of one million dollars (31,000,000) per oocunence, combined single limit, for
<br />bodily injury (including death) orproperty damage.
<br />153 In the event That such insurance becomes totally unavailable or procurement thereof becomes commercially impracticable.
<br />such mmvailability shall not constitute an Event of Default under this Contract, but FPL and the QS shell enter into negotiations to develop
<br />suhs6tute protection which One Parties in their reasonable judgment deem adequate.
<br />15A To the extent that the QS Insmmlce is on u "clabns made" basis, the retroactive date of the policy(ies) shall be the effective
<br />date of this Contact or such otherdate as may be agreed upon to protect the interests of the FPL Entities and the QS Entities. Furthennore, to
<br />the extent the QS Insurance is on a "claims made" basis, the QS's duty to provide insurance coverage sholl survive One termination of this
<br />Contract until the o0ration of the maximum statutory period of limitations in the State of Florida for actions based in contract or in torL To
<br />ate extent the QS Insurance is on an "occu rertce" boss, such insurance shall be maintained in effect at all times by the QS during the tam of
<br />Us Contract
<br />133 The QS insurance shall provide that it may not be cancelled or materially altered without at Inst thirty (30) calendar days'
<br />uritten notice to FPL. The QS shall provide FPL with o copy, of any material communication or notice related to the QS Insurance within ten
<br />(10) business days of the QS's receipt or issuance thereof.
<br />15.6 The QS shall be designated as the minced insured mid FPL shall be designated as an additional named insured under the QS
<br />Insurance. The QS Insurance shall be endorsed to be primary to any coverage maintained by FPL
<br />16. Force Majeure
<br />Force Majeure is defined as an event or circumstance that is not within the reasonable control of, or One result of the negligence of,
<br />the affected party, and which, by the exercise of due diligence, the affected party is unable to overcome, avoid, or came to be avoided in a
<br />commercially reasonable man=. Such events or cireunstanees may include, but are not limited to, acts of God, war, riot or irawrodion,
<br />blockades, embargoes, sabotage, epidemics, eapiosions and fires not originating in the Facility or caused by its operation, hmrieathes, floods,
<br />strlom lockouts or otter labor disputes, difficulties (not caused by the failure of the affected party to comply with the terms of a collective
<br />bargaining agreement), or actions or restraints by court order or governmental authority or arbitration award Fora Majeure shall not include
<br />(a) the QS's ability to sell capacity end energy to another market at a more advantageous price, (b) equipment breakdown or inability to use
<br />equipment caused by its design, construction, operation, maintenance or inability to mat regulatory standards, or otherwise caused by an
<br />event originating in the Facility, (c)) a failure of performance of any other entity, including any entity providing electric transmission service
<br />to the QS, except to the extent that such failure was caused by an event that would otherwise qualify as a Force Ma{eute event; (d) failure of
<br />the QS to timely apply for or obtain permits.
<br />(Continued on Shed No. 9.043)
<br />Issued by: S. E. Romig, Director, Rates and Tariffs
<br />Effective: September 13, 2016
<br />-20-
<br />113-36
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