06/11/2019 - Laserfiche WebLink

Home Browse Search

ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034-E1 PAGE 15 FLORIDA POWER & LIGHT COMPANY Attachment B Page 6 of 9 Original Sheet No. 9.816 (c) (Continued from Sheet No. 9.815) Customer Purchase Ontion. Pursuant to a purchase option under Section 13(c4 Section 13(d), or Section 2Cl. the Customer may elect to purchase and take title to the Equipment upon payment of (i) the greater of (A) Company's unrecovered capital cost of the Equipment. or (B) the mutually agreed upon fair market value of the Equipment. plus (ii) Company's cost to reconfigure the Equipment to accept standard electric sen•icc from the Company. plus (iii) any outstanding Monthly Service Payments and applicable taxes for Service provided to Customer prior to the effective date of temt ination. plus (iv) any unrecovered maintenance costs expended by Company prior to the effective date of termination. minus (v) any cash security held by the Company under this Agreement. Company will invoice Customer the purchase option price within thirty (30) days of Customer's election of the purchase option, due and payable by Customer within thirty (30) days of the date of such invoice. If Customer and Company cannot reach agreement ns to the fair market value of the Equipment within thirty (30) days of Customer's election of the purchase option, then such purchase option will expire and Customer must proceed subject to and pay the 'termination Fee pursuant to Section I3(a) 14. Warranty and Representations. (a) Comnant s Disclaimer of Express and'or implied Warranties. CUSTOMER ACKNOWLEDGES AND AGREES THAT COMPANY HAS NOT MADE. DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTEES OF ANY KLND OR CIMRACTER WHATSOEVER. WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING, OR WITH RESPECT TO THE COMPANY'S OBLIGATIONS, SERVICES AND/OR THE EQUIPMENT. CUSTOMER ACKNOWLEDGES THAT '171F.RE IS NO WARRANTY IMPLIED IW LAW, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND THE IMPLIED WARRANTY OF CUSTOM OR USAGE CUSTOMER FURTHER ACKNOWLEDGES IN NO EVENT DOES COMPANY WARRANT AND/OR GUARANTY TO THE CUSTOMER THAT THE ELECTRICAL SERVICES TO THE RESIDENTIAL PROPERTY WILL BE UNINTERRUPTED OR THAT THE INSTALLATION OF THE EQUIPMENT AND PROVISION OF SERVICES PROVIDED HEREUNDER WILL AVERT OR PREVENT THE LNTERRUPTION OF ELECTRIC SERVICES. (b) Customer Representations and Warranties. The Customer represents and warrants that (i) the Residential Property at which Company's Equipment is to be located is suitable for the location of such Equipment; (ii) the placing of such Equipment at such Residential Property will comply with all laws. rules. regulations. ordinances. zoning requirements or any other federal. state and local governmental requirements applicable to Customer, (iii) all infomtation provided by the Customer related to the Residential Property is accurate and complete; and (iv) Customer holds sole and exclusive title to the Residential Property or has the sole and exclusive right of possession of the Residential Property for the Tenn. I5. LIMITATIONS OF LIABILITY. (a) IT IS UNDERSTOOD AND ACKNOWLF7)CED BY CUSTOMER THAT COMPANY IS NOT AN INSURER OF LOSSES OR DAMAGES THAT MIGHT ARISE OR RESULT FROM THE EQUIPMENT NOT OPERATING AS EXPECTED. BY SIGNING THIS AGREEMENT, CUSTOMER ACKNOWLEDGES ANI) AGREES THAT COMPANY SHALL NOT BE LIABLE TO THE CUSTOMER FOR COMPLETE OR PARTIAL INTERRUPTION OF SERVICE, OR FLUCTUATION IN VOLTAGE, RESULTING FROM CAUSES BEYOND ITS CONTROL OR THROUGH THE ORDINARY NEGLIGENCE OF ITS EMPLOYEFS, SERVANTS OR AGENTS. (Continue on Sheet No. 9.817) Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: