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ORDER NO. PSC -.2019 -0220 -TRF -EI <br />DOCKET NO. 20190034-E1 <br />PAGE 11 <br />FLORIDA POWER & LIGHT COMPANY <br />Attachment B <br />Page 2 of 9 <br />Original Sheet No. 9.812 <br />(Continued from Sheet No. 9.811) <br />Section 12(c). due and payable by Customer within thirty (30) days of the date of such invoice. The Customer <br />shall not manually operate or test Equipment. move. modify remove, adjust. alter or change in any material <br />way the Equipment. or any pan thereof, during the term of the Agreement, except in the event of an <br />occurrence reasonably deemed by the Customer or Company to constitute a bona fide emergency. All <br />replacements of. and alterations or additions to. the Equipment shall become part of the Equipment. In the <br />event of a breach of this Section 5 by Customer. Company may, at its option and sole discretion, restore <br />Equipment to its original condition at Customer's sole cost and expense. <br />6. Customer Payments. <br />(a) <br />(b) <br />Fees. The Customer's monthly Service payment shall be in the amount set .forth in the SOW <br />("Monthly Service Payment"). Applicable taxes will also be included in or added to the Monthly <br />Service Payment. In the event that Company agrees to a Customer's request to connect Equipment on <br />the Company's side of the billing meter, energy provided by such Equipment will be billed under the <br />Customer's otherwise applicable general service rate schedule. <br />Late Payment. Charges for Services due and rendered which are unpaid as of the past due date arc <br />subject to a Late Payment Charge of the greater of S5.00 or 1.5% applied to any past.due unpaid <br />balance of all accounts. Further if the Customer fails to make any undisputed payment owcd the <br />Company hereunder within five (5) business days of receiving written notice from the Company that <br />such payment is past due, Company may cease to supply Service under this Agreement until the <br />Customer has paid the hills due. It is understood, however. that discontinuance of Service pursuant to <br />the preceeding sentence shall not constitute a breach of this Agreement by Company, nor shall it <br />relieve the Customer of the obligation to comply with all payment obligation under this Agreement <br />7. Customer (:redit Renulrements In the reasonable discretion of Company to assure Customer payment of <br />Monthly Sen•ice Payments. Company may request and Customer will be required to provide cash security. a <br />surety bond or a bank letter of credit. in an amount as set forth in the SOW. prior to Company's procurement <br />or installation of Equipment. Each Customer that provides a surety bond or a hank letter of credit must enter <br />into the agreement(s) set forth in Sheet No. 9.440 of the Company's Electric Tariff for the surety bond and <br />Sheet Nos. 9.430 and 9.435 of the Company's Electric Tariff for the bank letter of credit. Failure to provide <br />the requested security in the manner set forth above within ninety (90) days of the datc of this Agreement shall <br />be. a material breach of this Agreement unless such 90 -day period is extended in writing by Company. Upon <br />the end of the Term and after Company has received final payment for all bills, including any applicable <br />Temtination Fee pursuant to Section 13(a). for Service incurred under this Agreement, any cash security held <br />by the Company under this Agreement will be refunded, and the obligors on any surety bond or letter of credit <br />will be released from their obligations to the Company. <br />8. Riehl of Access. Customer hereby grants Company an access easement on the Residential Property sufficient <br />to allow Company, in Company's sole discretion, to (i) laydown and stage the Equipment, tools, materials, <br />other equipment and rigging and to park construction crew vehicles in connection with the installation or <br />removal of the Equipment, (ii) inspect and provide maintenance to thc Equipment; or (iii) provide any other <br />service contemplated or necessary to perform under this Agreement. Furthermore. if any event creates an <br />imminent risk of damage or injury to the Equipment any person or person's property, Customer grants <br />Company immediate unlimited access to the Residential Property to take such action as Company deems <br />appropriate to prevent such damage or injury (collectively "Access'). <br />9. Comnunv Operation and Testing of Fauinment. The Company shall have the exclusive right to manually <br />and'or remotely operate thc Equipment and, except as expressly provided in thc SOW. has the right to <br />manually and or remotely operate the Equipment at all times it deems appropriate. including, but not limited <br />to. for the purpose of testing the Equipment to verify that it will operate within required parameters. <br />(Continue on Sheet No. 9.813) <br />Issued by: Tiffany Cohen, Director, Rates and Tariffs <br />Effective: <br />