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