|
ORDER NO. PSC -2018 -0316 -PAA -EQ
<br />DOCKET NO. 20180083 -EQ
<br />PAGE 21
<br />Attachment A
<br />Second Revised Sheet No. 9.042
<br />FLA)RIDA POWER & LIGHT COMPANY Cancels First Sheet No. 9.042
<br />(Continued from Sheet No. 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 OF A PARTY WHOSE AC110NS 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, CANCELLATION. SUSPENSION, COMPLETION OR EXPIRATION OF THIS CONTRACT. NOTHING CONTAINED IN
<br />THIS AGREEMENT SHALL BE DEEMED TO BE A WAIVER OF A PARTY`S RIGHTTO SEEK INJUNCTIVE RELIEF.
<br />Is. Insurance
<br />IS. I The QS shall procure or cause to be procured, and 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 tog 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 might arise under, or in the performanoa or nonperformance of, this Contras 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 the
<br />Facility or the QS's equipment in satisfactory and safe operating condition. Effective at least fifteen (15) calendar days prior to the
<br />synchronization of the facility with FPL'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 account ofthe QS and not FPL.
<br />15.2 The QS Insurance shall have a minimum limit of one million dollars (SI,000,000) per occurrence, combined single limit, for
<br />bodily injury (including death) or property damage.
<br />15.3 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 enter into negotiations to develop
<br />substitute protection which the Parties in their reasonable judgment deem adequate.
<br />15.4 To the extent that the QS Insurance is on a "claims made" Iasis, the retroactive date of the policy(ies) 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 covemge shall survive the termination of this
<br />Contract until the expiration of the maximum statutory period of limitations in the State of Florida for actions based in contract or in tort. To
<br />the extent the QS Insurance is on an "occurrence" basis, such insurance shall be maintained in effect at all times by the QS during the term of
<br />this Contract.
<br />15.5 The QS Insurance shall provide that it may not be cancelled or materially altered without at least thirty (30) calendar days'
<br />written notice to FPL The QS shall provide FPL with a 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 named insured and 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 MQjeure 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 are not limited to, acts of tad, war, riot or insurrection,
<br />blockades, embargoes, sabotage, epidemics, 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 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. Force Majeure shall not include
<br />(a) the QS's ability to sell capacity and 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 meet 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 Form Majeure event; (d) failure of
<br />the QS to timely apply for or obtain permits.
<br />(Continued on Shat No. 9.043)
<br />Issued by: S. E. Romig, Director, Rates and Tariffs
<br />Effective: September 13, 2016
<br />
|