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ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034-E1 PAGE 12 FLORIDA POWER & LIGHT COMPANY Attachment B Page 3 of 9 Original Sheet No. 9.813 (Continued from Sheet No. 9.812) 10. Customer Responsibilities. Except for an agreed upon Change (as defined in the SOW), the Customer shall not modify its electrical system at the Residential Property in a manner that exceeds the capacity of the Equipment. Company shall be entitled to rely on the accuracy and completeness of any information provided by the Customer related to the Residential Property. The Customer shall be obligated, at its sole expense, to keep the Residential Property free and clear of anything that may (i) impair the maintenance or removal of Equipment, (ii) impair the Company's operation of the Equipment pursuant to Section 9. or (iii) cause damage to the Equipment. 11. )'ermits and Reaulalory Reuuirements. Company shall be responsible for obtaining and for compliance with any license or permit rcquircd to be in Company's name to enable it to provide the Sen•ice. The Customer shall be responsible for obtaining and for compliance with any license, permits, and/or approvals from proper authorities required to be in Customer's name in order for the Customer to receive the Service. Each Party agrees to cooperate with the other Party and to assist the other Party in obtaining any required permit. 12. Title and Risk of boss. (a) j&. The Customer agrees that Equipment installed at the Residential Property is and will remain the sole property of Company unless and until such time as the Customer exercises any purchase option set forth in the Agreement and pays such applicable purchase price to Company. Company reserves the right to modify or upgrade Equipment as Company deems necessary. in its sole discretion, for the continued supply of the Service. Any modifications, upgrades. alterations. additions to the Equipment or replacement of the Equipment shall become part of the Equipment and shall be subject to the ownership provisions of this Section 12(4 The Parties agree that the Equipment is personal property of Company and not a fixture to the Residential Property and shall retain the legal status of personal property as defined under the applicable provisions of the Uniform Commercial Code. With respect to the Equipment, and to preserve the Company's title to, and rights in the Equipment, Company may file one or more precautionary UCC financing statements or fixture filings. as applicable. in such juridictions as Company deems appropriate. Furthermore. the Panics agree that Company hos the right to record notice of its ownership rights in the Equipment in the public records of the county of the Residential Property. (h) Lim. Customer shall keep the Equipment free from any liens by third parties. Customer shall provide timely notice of Company's title and ownership of the Equipment to all persons that may come to have an interest in or lien upon the Residential Property. (c) Risk of Loss to Equipment (Customer Responsibility). CUSTOMER SHALT. BEAR ALL RISK OF LOSS OR DAMAGE OF ANY KLW'D WITI I RESPECT TO ALL OR ANY PART OF THE EQUIPMENT LOCATED AT THE RESIDENTIAL. PROPERTY TO TIIE EXTENT SUCH LOSS OR DAMAGE 15 CAUSED BY TIIE ACTIONS, NEGLIGENCE, WILLFUL, MISCONDUCT OR GROSS NEGLIGENCE OF CUSTOMER, ITS CONTRACTORS, AGENTS, INVITEES AMD/OR GUESTS, AND IN TIIE EVENT THAT THE EQUIPMENT IS DAMAGED BY A FORCE MAJEURE EVE.!T OR BY THIRD PARTY CRIMINAL ACTS OR TORTIOUS CONDUCT, TIIE CUSTOMER SHALL BE LIABLE TO THE EXTENT SUCH DAMAGES ARE RECOVERABLE UNDER THE CUSTOMER'S INSURANCE AS REQUIRED TO BE PROVIDED BY SECTION 18(b' OR UNDER ANY OTHER AVAILABLE INSURANCE OF CUSTOMER (COLLECTIVELY A "CUSTOMER CASUALTY") Any proceeds provided by such insurance for loss or damage to the Equipment shall be. promptly paid to Company. (Continue on Sheet No. 9.814) Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: