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ORDER NO. PSC -2018 -0314 -PAA -EQ <br />DOCKET NO. 20180073 -EQ <br />PAGE 43 <br />DUKE <br />1jENERGY. <br />Attachment A <br />Page 38 of 71 <br />SECTION No. Ix <br />SECOND-THIRD REVISED SHEET NO. 9.437 <br />CANCELS FIRSTSECOND REVISED SHEET NO. <br />9.437 <br />Contracts and related documents may be mailed to the address below or delivered during <br />normal business hours (8:00 a.m, to 4:45 p.m.) to the visitors` entrance at the address <br />below: <br />Duke Energy Florida. LLC <br />d/b/a Duke Energy <br />299 First Avenue North <br />St. Petersburg, FL 33701 <br />Attention: Director of OF Contracts GegDEF <br />155 <br />20.7 Applicable Law <br />This Contract shall be construed in accordance with and governed by the laws of <br />the State of Florida, and the rights of the parties shall be construed in accordance <br />with the laws of die State of Florida. <br />20.8 Taxation <br />The RF/QF shall hold DEF and its general body of ratepayers harmless from the <br />effects of any additional taxes, assessments or other impositions that arise as a <br />result of the purchase of energy and capacity from the RF/QF in lieu of other <br />energy and capacity. Any savings in regards to taxes or assessments shall be <br />included in the avoided cost payments made to the RF/QF to the extent permitted <br />by law. In the event DEF becomes liable for additional taxes, assessments or <br />impositions arising out of its transactions with the RF/QF under this tariff <br />schedule or any related interconnection agreement or due to changes in laws <br />affecting DEF's purchases of energy and capacity from the RF/QF occurring after <br />the execution of an agreement under this tariff schedule and for which DEF would <br />not have been liable if it had produced the energy and/or constructed facilities <br />sufficient to provide the capacity contemplated under such agreement itself. DEF <br />may bill the RF/QF monthly for such additional expenses or may offset them <br />against amounts due to the RF/QF from DEF. Any savings in taxes, assessments <br />or impositions that accrue to DEF as a result of its purchase of energy and <br />capacity under this tariff schedule that are not already reflected in the avoided <br />energy or avoided capacity payments made to the RF/QF hereunder, shall be <br />passed on to the RF/QF to the extent permitted by law without consequential <br />penalty or loss of such benefit to DEF. <br />ISSUED BY: Javier Portuondo, Managing Director, Rates 8 Regulatory Strategy - FL <br />EFFECTIVE: July-? 04 <br />6 L�3 <br />