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ORDER NO. PSC -2018 -0314 -PAA -EQ <br />DOCKET NO. 20180073 -EQ <br />PAGE 44 <br />fenDUKE <br />ENERGY. <br />20.9 Resolution of Disputes <br />20.9.1 Notice of Dispute <br />Attachment A <br />Page 39 of 71 <br />SECTION No. IX <br />THIRD REVISED SHEET NO. 9.438 <br />CANCELS SECOND REVISED SHEET NO. 9.438 <br />In the event that any dispute, controversy or claim arising out of or relating to this <br />Contract or the breach, termination or validity thereof should arise between the <br />Parties (a "Dispute).. the Party may declare a Dispute by delivering to the other <br />Party a ~written notice identifying the disputed issue. <br />20.9.2 Resolution by Parties <br />Upon receipt of a written notice claiming a Dispute, executives of both Parties <br />shall meet at a mutually agreeable time and place within ten (10) business days <br />after delivery of such notice and thereafter as often as they reasonably deem <br />necessary, to exchange relevant information and to attempt to resolve the Dispute. <br />In such meetings and exchanges, a Party shall have the right to designate as <br />confidential any information that such Party offers. No confidential information <br />exchanged in such meetings for the purpose of resolving a Dispute may be used <br />by a Party in litigation against the other Party. 'if the matter has not been resolved <br />within thirty (30) calendar days of the disputing Party's notice having been <br />issued, or if the Parties fail to meet within ten (10) business days as required <br />above, either Party may initiate binding arbitration in St. Petersburg, Florida, <br />conducted in accordance with the then current American Arbitration <br />Association's ("AAA") Large, Complex Commercial Rules or other mutually <br />agreed upon procedures. <br />20.10 Limitation of Liability <br />IN NO EVENT SHALL DEF, ITS PARENT CORPORATION, OFFICERS, <br />DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY <br />INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, <br />PUNITIVE, OR MULTIPLE DAMAGES RESULTING FROM ANY CLAIM OR <br />CAUSE OF ACTION, WHETHER BROUGHT IN CONTRACT, TORT <br />(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR STRICT <br />LIABILITY), OR ANY OTHER LEGAL THEORY. <br />ISSUED BY: Javier Porluondo, Director, Rates & Regulatory Strategy - FL <br />EFFECTIVE: July 13, 2017 <br />