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ORDER NO. PSC -2018 -0085 -PAA -EQ
<br />DOCKET NO. 20170226 -EQ
<br />PAGE 20
<br />Second Revised Sheci No. 9.042
<br />FLORIDA PO'*VLR & LIGIlT CONWANY Cancels First Sheet No. 9.042
<br />(Continued from Shcd No. 9.041)
<br />ALI, OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WANE, PROVIDED HOWEVER. THE PARTIES AGREE
<br />THAT THE' FOREGOING LIMITATIONS WILL NOT IN ANY WAY LIMIT LIABILITY OR DAMAGES UNDER ANY THIRD PAR'T'Y
<br />CLAIMS OR THE LIABILITY OF A PARTY WHOSE ACTIONS GIVING RISE TO SUCH LIABILITY CONSTIf1JTF. GROSS NEGLIGENCE
<br />OR WILLFUL MISCONDUCT. THE PROVISIONS OF THIS SECTION SHALL APPLY REGARDLESS OF FAULT AND SHALL SURVIVE"
<br />TERMINATION, CANCELLATION, SUSPENSION, COMPLETION OR EXPIRATION OF THIS CONTRACT. NOTHING CONTAINED IN
<br />THIS AGREEMENT SHALL BE DEEMED TO BE A WAIVER OFA PARTY'S RIGHTTO SEEK INJUNCTIVE RELIEF.
<br />15. Insurance
<br />15.1 The QS shall procure or cause to be procured, mid shall maintain throughout the entire term of this Contract, a policy or
<br />policies of liability insurance issued by an insurer acceptable to FPL on a standard "Insurance Services Office" commercial general liability
<br />form (such policy or policies, collectively, the "QS Insurance'). A certificate of insurance shall be delivered to FPL at leas( fifteen (15)
<br />calendar days prior to the start of any interconnection work. At a minimum, the QS Insurance shall contain (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 rnigbt arise under, or in the perforuuance or mmnperfonuance of, this Contract and the
<br />interconnection Agreement, or (ii) caused by operation of the Facility or any of the QS's equipment or by the QS's failure to maintain Ute
<br />Facility or the QS's equipment in satisfactory and safe operaling condition. &fTcdivc at least fiRccn (15) calendar days prior to the
<br />synchronization of the Facilitywith FPI: s .system, the QS Insurance shall be amended to include coverage for interruption or curtailment of
<br />power supply in accordance 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 accotut of the QS and not FPL.
<br />15.2 The QS Insurance shall have a nunimum limit of one million dollars ($1,000,000) per occurrence, combined single limit, for
<br />bodily injury (including death) or property damage.
<br />153 In the event that such insurance becomes totally unavailable or procurement thereof becomes commercially impracticable,
<br />such unavailability shall not constitute an Event of Default under this Contract, but FPL. and the QS shall eerier into negotiations to develop
<br />substitute protection which the Parties in their reasonablejudgment deem adequate.
<br />15.4 To the extent that the QS bisurance is on a "claims made" basis, the retroactive data of the policy(tes) shall be the effective
<br />date of this Contract or such other date as may be agreed upon to protect the interests of the FPL Entities and the QS Entities. Furthermore, to
<br />the extent the QS Insurance is on a "claims made' basis, the QS's duty to provide insurance coverage shall survive Ute lennination of this
<br />C',ontract until the expiration of the madmum slatutory period of limmtations in the State of Florida for actions based in contract or in tort. To
<br />the dent the QS Insurance is on an "occurrcn&' basis, such insurance shall be maintained in effect at all times by the QS curing due tori of
<br />this Contract.
<br />15.5 The QS Insurance shall provide that it may not be cancelled or materially altered without at least dirty (30) calendar days'
<br />written notice to Fill. -The QS shall provide FP1. with a copy of any material communication or notice related to the QS Insurance within tan
<br />(10) business days of the QS's receipt or issuance thereof.
<br />15.6 The QS shall be designated as the owned insured mid PPL sham be designated as an additional named insured under the QS
<br />insurance. The QS Distance shall be cndomed to be primary to any coverage maintained by FPI.
<br />16. Force Majeure
<br />Force Majeure is defined as an event or circumstance that is not within the reasonable control of� or the 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 cause to be avoided in a
<br />commercially reasonable manner. Such events or circumstances may include, but arc not limited to, acts of God, war, riot or insurrection,
<br />blockades, embargoes, sabotage, epidennics, explosions and fires not originating in the Facility or caused by its operation, hurricanes, floods,
<br />strikes, lockouts or other labor disputes, difficulties (not caused by the failure ofthe affected pari, to comply with the terms of a collective
<br />bargaining agrceruucrut), or actions or restraints by court order or governmental authority or arbitration awar& Force Majcurc shall not include
<br />(a) the QS's ability to sell capacity and energy to another market at a more advatagamt; price; (b) equipment breakdown or inability to use
<br />equipment caused by its design, construction, operation, maintenance or inability to meet regulatory standards, or otherwise caused by an
<br />event originating in the Facility; (c)) a failure ofpedonnance of any other entity, including airy 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 Forte Majeure event; (d) failure of
<br />the QS to timely apply for or obtain permits.
<br />(Continued on Sheet No. 9.043)
<br />Issued by: S. F- Romig, Director, Rates and Tariffs
<br />FlIfeclive: Septetntier 13, 2016
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