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ORDER NO. PSC -2019 -0220 -TRF -EI <br />DOCKET NO. 20190034-E1 <br />PAGE 16 <br />FLORIDA POWER & LIGHT COMPANY <br />Attachment B <br />Page 7 of 9 <br />Original Sheet No. 9.817 <br />(Continued from Sheet No. 9.816) <br />(b) SUBJECT TO SECTION 15(4 NEITHER. COMPANY NOR CUSTOMER SHALL BE <br />LIABLE TO THE OTHER FOR CONSEQUENTIAL, SPECIAL, EX BIPLARY, INDIRECT <br />OR INCIDENTAL LOSSES OR PUNITIVE DAMAGES UNDER THE AGREEMENT, <br />INCLUDING LOSS OF USE, COST OF CAPITAL, LOSS OF GOODWILL, LOST <br />REVENUIN OR LOSS OF PROFIT, AND COMPANY AND CUSTOMER EACH HEREBY <br />RELEASES THE OTIIER FROM ANY SUCH LIABILITY. <br />(c) THE LIMITATIONS OF LIABILITY UNDER SECTION 1.5131ANI) SECTION 15(b1 ABOVE <br />SIL\I.l. NOT BE CONSTRUED TO LIMIT ANY INDEMNITY OR DEFENSE <br />OBLIGATION OF CUSTOMER UNDER SECTION 18(c). Customer's initials below indicate <br />that Customer h:u read. understood and voluntarily accepted the terms and provisions set forth <br />in Section IS. <br />Agreed and accepted by Customer: (Initials) <br />16. Force Mlaicure Force Majeure is defined as an event or circumstance that is not reasonably foreseeable, is <br />beyond the reasonable control of and is not caused by the negligence or lack of due diligence of the affected <br />Party or its contractors or suppliers. Such events or circumstances may include. but are not limited to, actions <br />or inactions of civil or military authority (including courts and governmental or administrative agencies), acts <br />of God, war. riot or insurrection, blockades, embargoes. sabotage, epidemics, explosions and fires not <br />originating in the Residential Property or caused by its operation, hurricanes, floods, strikes, lockouts or other <br />labor disputes or difficulties (not caused by the failure of the affected Party to comply with the terms of a <br />collective bargaining agreement). If a Party is prevented or delayed in the performance of any such obligation <br />by a Force Majeure event, such Party shall provide notice to the other Party oldie circumstances preventing or <br />delaying performance and the expected duration thereof. The Party so affected by a Force Majeure event shall <br />endeavor, to the extent reasonable. to remove the obstacles which prevent performance and shall resume <br />performance of its obligations as soon as reasonably practicable. Provided that thc requirements of this Section <br />L are satisfied by the affected Party. to the extent that performance of any obligation(s) is prevented or <br />delayed by a Force Majeure event, the obligation(s) of the affected Party that is obstructed or delayed shall be <br />extended by the time period equal to the duration of the Force Majeure event. Notwithstanding the foregoing, <br />the occurrence of a Force Majeure event shall not relieve Customer of payment obligations under this <br />Agreement. <br />17. Confidentiality. "Confidential Information" shall mean all nonpublic information. regardless of the form in <br />which it is communicated or maintained (whether oral, written, electronic or visual) and whether prepared by <br />Company or otherwise, which is disclosed to Customer. Confidential Information shall not be used for any <br />purpose other than for pur)x3ses of this Agreement and shall not be disclosed without the prior writtcn consent <br />of Company. <br />18. 'noontime and Indemnity. <br />(a) insurance to Be Maintained by the Company. At any time that the Company is performing Services <br />under this Agreement at the Customer Residential Property, the Company shall. maintain, at is sole <br />cost and expense, liability insurance as required by law, including workers compensation insurance <br />mandated by thc applicable laws of the State of Florida. Company may meet the above required <br />insurance coverage with any combination of primary, excess, or self-insurance. <br />(b) Insurance to Be Maintained by the Customer. During and throughout the Term of this Agreement and <br />until all amounts payable to the Company pursuant 10 this Agreement are paid in full. the Customer <br />shall maintain a homeowner's property insurance policy with minimum Timis equal to the value of <br />the Residential Property and homeowner's liability insurance policy with minimum limits of Three <br />Hundred Thousand (S300,000.(X)) Dollars. <br />(Continue on Sheet No. 9 8IS) <br />Issued by: Tiffany Cohen, Director, Rates and Tariff's <br />Effective: <br />