06/11/2019 - Laserfiche WebLink

Home Browse Search

ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 17 FLORIDA POWER & LiGHT COMPANY Attachment B Page 8 of 9 Original Sheet No. 9.818 (Continued from Sheet No. 9.817) (c) Indemnity. The Customer shall indemnify, hold harmless and defend Company from and against any and all liability, proceedings, suits, cost or expense for lass, damage or injury to persons or property ("Losses") to the extent arising out of, connected with, relating to or in any manner directly or indirectly connected with this Agreement; provided, that nothing herein shall require Customer to indemnify Comp:uty for Losses caused by Company's own negligence, gross negligence or willful misconduct. The provisions of this paragraph shall survive termination or expiration of this Agreement 19. Non -Waiver. The failure of either Party to insist upon the performance of any tern or condition of this Agreement or to exercise any right hereunder on one or more occasions shall not constitute a waiver or relinquishment of its right to demand future performance of such term or condition, or to exercise such right in the future. 20. s.slannaent. Neither this Agreement, nor the Service, nor any duty, interest or rights hereunder shall be subcontracted. assigned, transferred, delegated or otherwise disposed of by Customer without Company's prior written approval. Customer will provide written notice to Company of a prospective sale of the real property upon which the Equipment is installed. at least thirty (30) days prior to the sale of such property. in the event of the sale of the real property upon which the Equipment is installed, subject to the obligations of this Agreement including Section 7 (Customer Credit Requirements), the Customer has the option to purchase the Equipment pursuant to Section 13(e) or this Agrexment may be assigned by the Customer to the purchaser if such obligations have been assumed by the purchaser and agreed to by the Customer and the Company in writing. This Agreement shall inure to the benefit of. and be binding upon the successors and assigns of the Customer and Company. This Agreement is fret of any restrictions that would prevent the Customer from freely transferring the Residential Property. Company will not prohibit the sale, conveyance or refinancing of the Residential Property. Company may choose to file in the real estate records one or more precautionary UCC financing statements or fixture filings (collectively "Fixture Filing") that preserves their rights in the Equipment. The Fixture Filing is intended only to give notice of its rights relating to the Equipment and is not a lien or encumbrance against the Residential Property. Company shall explain the Fixture Filing to any subsequent purchasers of the Residential Property and any related lenders as requested. Company shall also accommodate reasonable requests from lenders or title companies to facilitate a purchase, financing or rcfinancmg of the Residential Property. 21. Dispute Resolution, Governlne Law. Venue and Waiver of Jur. Trial. This Agreement shall be governed by. construed and enforced in accordance with the laws of the State of Florida, exclusive of conflicts of laws provisions Each Party agrees not to commence or file any fomaal proceedings against the other Party related to any dispute under this Agreement for at least font'' -five (45) days idler notifying the other Party in writing of the dispute. A court of competent jurisdiction in the Circuit Court for Palm Beach County, Florida or the United States District Coun for the Southern District of Florida only, as may be applicable under controlling law. shall decide any unresolved claim or other matter in question between the Paries to this Agreement arising out of or related in nny wny to this Agreement, with such court having sole and exclusive jurisdiction over any such matters. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RiGHTS THAT MIGHT EXIST TO HAVE A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION BASED UPON. RELATING TO, ARISING OUT OF, UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT. OR ANY COURSE OF CONDUCT, COURSE OF DEALING. STATEMENTS (WHETHER ORAL. OR WRITTEN), OR ACTIONS OF EITHER PARTY HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS AGREEMENT. 22. Modification. No statements or agreements, oral or written. made prior to the date hereof. shall vary or modify the written terms set forth herein and neither Party shall claim any amendment, modification or release from any provision hereof by reason of a course of action or mutual agreement unless such agreement is in writing. signed by both Parties and specifically states it is an amendment to this Agreement. (Continue on Sheet No. 9.819) issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: t-25