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ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034-E1 PAGE 14 FLORIDA POWER & LiGHT COMPANY Attachment B Page 5 of 9 Original Sheet No. 9.815 (Continued from Sheet No 9.81.1) (c) Earls. Termination of Agreement for Cruse. In addition to any other termination rights expressly set forth in this Agreement. Company and Customer. as applicable, may tcrininnte this Agreement for cause upon any of the following events of default (each an "Event of Default"): (i) Customer fails to timely pay the Monthly Service Payment and fails to cure such deficiency within five (5) business days of written notice from the Company; (ii) Company materially breaches its obligations under the Agreement and such failure is not cured within thirty (30) days after written notice thereof by Customer, (iii) Customer fails to perform or observe any other covenant, term or condition under the Agreement and such failure is not curixl within thirty (30) days atter written notice thereof by Company; (iv) Subject to Section 20, Customer sells, transfers or otherwise disposes of thc Residential Property; (v) Customer enters into any voluntary or involuntary bankruptcy or other insolvency or receivership proceeding, or makes as assignment for the benefit of creditors; (vi) any representation or warranty made by Customer or otherwise fumishcd to Company in connection with the Agreement shall prove at any time to have been untrue or misleading in any material respect; or (vii) Customer removes or allows a third party to remove, any porion of the Equipment from the Residential Propcny. i. Upon a termination for came by Company. the Company shall have the right to access and remove the Equipment and Customer shall be responsible for paying the Termination Fee as more fully described in Section 13(a). For the avoidance of doubt, Company has thc 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. Additionally. the Customer shall be liable to Company for any attomey's fees or other costs incurred in collection of the Termination Fee. In thc event that Company and a purchaser of the Residential Propcny (who has not assumed the Agreement pursuant to Section 20) agree upon a purchase price of the Equipment, such purchase price shall Ix credited against the Termination Fee owed by Customer. ii. Upon a termination for cause by Customer. Customer must choose to either (i) pursue the purchase option pursuant to Section 13(e) or (ii) request that Company remove the Equipment, at Company's sole cost, within a reasonable time period. and pay no Termination Fee; provided that, 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. (d) Exniration of Agreement. At least ninety (90) days prior to thc end of the Tem, Customer shall provide Company with written notice of an election of one of the three following options: (i) to renew the Tenn of this Agreement, subject to modifications to be agreed to by Company and the Customer, for a period and price to be agreed upon between Company and the Customer, (ii) to purchase the Equipment by payment of the purchase option price set forth in,$cetion l3(e) plus applicable taxes, plus any outstanding Monthly Service Payments and applicable taxes, for Service provided to Cumomer prior to the expiration of the Term, or (iii) to request that Company remove the Equipment and for Customer to pay Company the Termination Fee. In the event that Customer fails to make a tinkly election. Customer shall be deemed to have elected the request for Company to remove the Equipment aitd for Customer to pay the Termination Fee. 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 If options (i) or (ii) is selected by Customer but the Parties have failed to reach agreement as to the terms of the npplicahle option by the expiration of the then currrent Term, the Agreement will auto -renew on a month-to-month basis until (A) the date on which the Parties reach agreement and finalize the option. or (13) the date Customer provides written notice to Company to change its election to option (iii) above. (Continue on Sheet No. 9.816) issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: