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ORDER NO. PSC -2019 -0220 -TRF -EI DOCKET NO. 20190034 -EI PAGE 19 FLORIDA POWER & LIGHT COMPANY Attachment C Page 1 of 11 Original Sheet No. 9.820 NON-RESIDENTIAL OPTIONAL SUPPLEMENTAL POWER SERVICES AGREEMENT THIS Non -Residential Optional Supplemental Power Services Agreement ("Agreement") is made and entered into this day of , 20 by and between , a , having its principal office at (hereafter, the "Customer") and Florida Power & Light Company, a Florida corporation, having offices at 700 Universe Boulevard, Juno Beach, Florida 33408 (hereafter "Company") (each a "Party' and collectively the "Parties"). The Service (as defined in the paragraph below) provided under this Agreement is subject to the Rules and Orders of the Florida Public Service Commission ("FPSC") and to Company's Electric Tariff, including, but not limited to, the Optional Supplemental Power Services Rider, Rate Schedule OSP-I, as approved or subsequently revised by the FPSC (hereafter the "Rider") and the General Rules and Regulations for Electric Service as they are now written, or as they may be hereafter revised, amended or supplemented (collextively, hereafter refered to as the "Electric Tariff"). In case of conflict between any provision of this Agreement and the Electric Tariff; this Agreement shall control. Capitalized terms not defined herein shall have the meaning set forth in the Electric Tariff. WHEREAS, the Customer hereby applies to Company for receipt of service, as more specifically described in a Statement of Work ("SOW") for the purpose of providing an alternative source of power supply and/or power conditioning service in the event Customer's normal electric supply is disrupted (hereafter the "Service"), at the Customer facility located at (hereafter the "Facility"). NOW THEREFORE, in consideration of their mutual promises and undertakings, the Parties agree to the following terms and conditions in this Agreement: 1. Effective Date. This Agreement shall become effective upon the acceptance hereof by Company ("Effective Date"), evidenced by the signature of Company's authorized representative appearing below, which, together with the Electric Tariff and the SOW, shall constitute the entire agreement between the Customer and Company with respect to provision of the Service. 2. Term of Agreement. The tenn of this Agreement will commence on the Effective Date and will continue for _— years following the Commercial Operation Date as defined in Section 4(a) below (the "Term"). 3. Scope of Services. Company will design, procure, install, own, operate and provide maintenance to all alternative sources of power supply and/or power conditioning equipment ("Equipment") to fumish the Service us more specifically described in the SOW. Customer acknowledges and agrees that (i) the Equipment will be removable and will not be a fixture or otherwise part of the Facility. (ii) Company will own the Equipment, and (iii) Customer has no ownership interest in the Equipment. For the avoidance of doubt, it is the Panics' intent that this Agreement (i) is for the Company's provision of Services to Customer using Company's Equipment and (ii) is not for the license, rental or lease of the Equipment by Company to Customer. 4. Design and Installation. Company will design, procure, and install the Equipment pursuant to the requirements of the SOW. (a) Commercial Operation. Upon completion of the installation of the applicable Equipment in accordance with the requirements of the SOW, Company shall deliver to Customer a notice that the Equipment is ready for commercial operation. with the date of such notice being the "Commercial Operation Date". Commencement of Monthly Service Payment Upon Commercial Operation Date. Customer's obligation to pay the applicable Customer's monthly Service payment, plus applicable fuel charges and taxes due front Customer pursuant to Section 6 (Customer Payments), shall begin on the Commercial Operation Date and shall be due and payable by Customer pursuant to the General Rules and Regulations for Electric Service. 5. Equipment Maintenance: Alterations. During the Tenn, Company shall provide maintenance to the applicable Equipment in accordance with generally accepted industry practices. Customer shall promptly notify Company when Customer has knowledge of any operational issues or damage related to the Equipment. Company shall inspect and repair Equipment that is not properly operating within the timelines agreed upon in the SOW. Company will invoice Customer for repairs that are the Customer's financial responsibility under (Continue on Sheet No. 9.821) (h) Issued by: Tiffany Cohen, Director, Rates and Tariff Effective: