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ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 13 FLORIDA POWER & LIGHT COMPANY Attachment B Page 4 of 9 Original Sheet No. 9.814 (d) (Continued from Sheet No. 9.813) Risk of Loss to Equipment (Company Responsibility). in the event the Equipment is damaged and is not a Customer Casualty. the Company will repair or replace the Equipment at Company's cost, or, in the event that Equipment is so severely damaged that substantial replacement is necessary, the Company may in its sole discretion either (i) terminate this Agreement for its convenience upon written notice to Customer, provided that Company will have have the right to remove the Equipment at its cost within n reasonable period of time. and Customer will be obligated to pay any outstanding Monthly Service Payments and applicable taxes for Service provided to Customer up to and through the date the Equipment was damaged, or (ii) replace the Equipment and adjust the Monthly Service Payments to reflect the new in-place cost of the Equipment Tess the in-place cost of the replaced Equipment. For the avoidance of doubt, Company has the right, but not the obligation, to access and remove any and all Equipment. at its sole discretion. Title to Equipment that Company elects not to remove shall transfer to Customer upon written notice by Company to Customer of such an election. 13. Exnlration or Termination of Agreement. (a) Early Termination for Convenience by Customer. Subject to the obligation of Customer to pay Company the Termination Fee (as defined below). the Customer has the right to terminate this Agreement for its convenience upon written notice to Company at least one -hundred eighty (180) days prior to the effective date of termination. The "Termination Fee" will be an amount equal to (i) nny outstanding Monthly Service Payments and applicable taxes for Service provided to Customer prior to the effective date of termination, plus (ii) any unrecovered maintenance costs expended by Company prior to the effective date of termination, plus (iii) the unrecovered capital costs of the Equipment less any salvage value of Equipment removed by Company, plus (iv) any removal cost of any Equipment, minus (v) any payment security amounts recovered by the Company under Section 7 (Customer Credit Requirements). For the avoidance of doubt, Company has the right, but not the obligation, to Recess and remove any and all Equipment, at its sole discretion. Title to Equipment that Company elects not to remove shall transfer to Customer upon written notice by Company to Customer of such an cicction. Company will invoice Customer the Termination Fee. due and payable by Customer within thirty (30) days of the date of such invoice. Company's invoice may include an estimated salvage value of Equipment removed by Company. Company retains the right to invoice Customer trued upon actual salvage value within one -hundred eighty (180) days of the date of Company's removal of Equipment (b) Early Termination by Comnanv for Convenience or by Comnanv Due to Chance In Law. The Company has the right to terminate this Agreement for its convenience upon written notice to Customer at least one -hundred eighty (180) days prior to the effective date of termination, or, in whole or in pan, immediately upon written notice to Customer as a result of FPSC actions or change in applicable laws, rules, regulations, ordinances or applicable permits of any federal. state or local authority, or of any agency thereof, that have the effect of terminating. limiting or otherwise prohibiting Company's ability to provide the Service. Upon a termination for convenience by Company pursuant to this Section 13(h).. Customer must choose to either: (i) Ptuchase the Equipment upon payment of (A) a transfer price mutually agreeable to Company and Customer, plus (B) Company's cost to reconfigure the Equipment to accept standard electric sen•ice from the Company. plus (C) any outstanding Monthly Service Payments and applicable taxes for Sen'icc provided to Cuszomer prior to the effective date of termination. plus (D) any unrecovered maintenance costs expended by Company prior to the effective date of termination. minus (E) any cash security held by thc Company under this Agreement or (ii) Request that Company remove the Equipment, at Company's sole cost. within a reasonable time period, provided that, for thc avoidance of doubt, Company has the right, but not the obligation, to access and remove any and all Equipment, at its sole discretion. Title to Equipment that Company elects not to remove shall transfer to Customer upon written notice by Company to Customer of such an election. If Customer and Company cannot reach agreement as to the transfer price of the Equipment within ninety (90) days of Company's notice of termination for convenience, Customer shall be deemed to have elected the request for Company to remove the Equipment (Continue on Sheet No. 9.815) Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: rn