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ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 37 Attachment A DUKE 1 �� ENERGY. SECTION No. IX FOURTH -FIFTH REVISED SHEET NO. 9.428 CANCELS TWO -FOURTH REVISED SHEET NO. 9.428 (j) if, at any time after the Capacity Delivery Date, the RF/QF reduces the Committed Capacity due to an event of Force Majeure and fails to repair the Facility and reset the Committed Capacity to the level set forth in Section 7.12 (as such level may be reduced by Section 7.34) within twelve (12) months following the occurrence of such event of Force Majeure; or (k) (1) either Party breaches any material provision of this Contract not specifically mentioned in this Section 14; the RF/QF fails to maintain its status as a Qualifying Facility. (ml the RF/OF sells any energy or firm capacity to an entity other than DEF. 15. Rights in the Event of Default 15.1 Upon the occurrence of any of the Events of Default in Section 14, the DEF may, at its option: 15.1.1 immediately terminate this Contract, without penalty or further obligation, except as set forth in Section 15.2, by written notice to the RF/QF, and offset against any payment(s) due from DEF to the RF/QF, any monies otherwise due from the RF/QF to DEF; 15.1.2 enforce the provisions of the Completion/Performance Security pursuant to Section 11 and/or the Termination Security requirement pursuant to Section 12 hereof, as applicable; and 15.1.3 exercise any other remedy(ies) which may be available to DEF at law or in equity. 15.2 Termination shall not affect the liability of either Party for obligations arising prior to such termination or for damages, if any, resulting from any breach of this Contract. 16. Indemnification 16.1 DEF and the RF/QF shall each be responsible for its own facilities. DEF and the RF/QF shall each be responsible for ensuring adequate safeguards for other DEF customers, DEF's and the RF/QF's personnel and equipment, and for the protection of its own generating system. Each Party (the "Indemnifying Party") agrees, to the extent permitted by applicable law, to indemnify, pay, defend, and hold harmless the other Party (the "Indemnified Party") and its officers, directors, employees, agents and contractors (hereinafter called respectively, "DEF Entities" and "RF/QF Entities") from and against any and all claims, demands, costs or expenses for loss, damage, or injury to persons or property of the Indemnified Party (or to third parties) directly caused by, arising out of, or resulting from: ISSUED BY: Javier Portuondo,.rector, Rates 8 Regulatory Strategy • FL EFFECTIVE: July -24r2048 2815