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06/11/2019
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06/11/2019
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Last modified
12/31/2019 1:11:10 PM
Creation date
7/25/2019 9:30:30 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
06/11/2019
Meeting Body
Board of County Commissioners
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ORDER NO. PSC -2019 -0220 -TRF -EI <br />DOCKET NO. 20190034 -EI <br />PAGE 22 <br />FLORIDA POWER & LIGHT COMPANY <br />Attachment C <br />Page 4 of 11 <br />Original Sheet No. 9.823 <br />(Continued from Sheet No. 9.822) <br />right to record notice of its ownership rights in the Equipment in the public records of the county of <br />the Facility. <br />(b) Liens. Customer shall keep the Equipment free from any liens by third parties. Customer shall <br />provide timely notice of Company's title and ownership of the Equipment to all persons that may <br />come to have an interest in or lien upon the Facility. <br />(c) Risk of I,oss to Equipment (Customer Responsibility), CUSTOMER SHALL BEAR ALL RISK <br />OF LOSS OR DAMAGE OF ANY KIND WITH RESPECT TO ALL OR ANY PART OF THE <br />EQUIPMENT LOCATED AT THE FACILITY TO TIE EXTENT SUCH LOSS OR <br />DAMAGE IS CAUSED BY THE ACTIONS, NEGLIGENCE, WILLFUL MISCONDUCT OR <br />GROSS NEGLIGENCE OF CUSTOMER, ITS EMPLOYEES, CONTRACTORS, AGENTS, <br />INVITEES AND/OR GUESTS, AND IN 11 -IE EVENT THAT THE EQUIPMENT IS <br />DAMAGED BY A FORCE MAJEURE EVENT OR BY THIRD PARTY CRIMINAL ACTS <br />OR TORTIOUS CONDUCT, THE CUSTOMER SHALL BE LIABLE TO THE EXTENT <br />SUCH DAMAGES ARE RECOVERABLE UNDER THE CUSTOMER'S INSURANCE AS <br />REQUIRED TO BE PROVIDED BY SECTION 18(b) OR UNDER ANY OTTER <br />AVAILABLE INSURANCE OF CUSTOMER (COLLECTIVELY, A "CUSTOMER <br />CASUALTY"). Any proceeds provided by such insurance for loss or damage to the Equipment shall <br />be promptly paid to Company. <br />Risk of Loss to Equipment (Company Responsibility). In the event the Equipment is damaged and is <br />not a Customer Casualty, the Company will repair or replace the Equipment at Company's cost, or, in <br />the event that Equipment is so severely damaged that substantial replacement is necessary., the <br />Company may in its sole discretion either (i) term inate this Agreement for its convenience upon <br />written notice to Customer, provided that Company will have have the right to remove the Equipment <br />at its cost within a reasonable period of time, and Customer will be obligated to pay any outstanding <br />Monthly Service Payments, fuel charges and applicable taxes for Service provided to Customer up to <br />and through the date the Equipment was damaged, or (ii) replace the Equipment and adjust the <br />Monthly Service Payments to reflect the new in-place cost of the Equipment less the in-place cost of <br />the replaced Equipment. For the avoidance of doubt, Company has the right, but not the obligation, <br />to access and remove any and all Equipment, at its sole discretion. Title to Equipment that Company <br />elects not to remove shall transfer to Customer upon written notice by Company to Customer of such <br />an election. <br />(d) <br />13. Expiration or Termination of Agreement. <br />(a) <br />Early Termination for Convenience by Customer. Subject to the obligation of Customer to pay <br />Company the Termination Fee (as defined below), the Customer has the right to terminate this <br />Agreement for its convenience upon written notice to Company at least one -hundred eighty (180) <br />days prior to the effective date of termination. The "Termination Fee" will be an amount equal to (i) <br />any outstanding Monthly Service Payments, fuel charges and applicable taxes for Service provided to <br />Customer prior to the effective date of termination, plus (ii) any unrecovered fuel and maintenance <br />costs expended by Company prior to the effective date of termination, plus (iii) the unrecovered <br />capital costs of the Equipment less any salvage value of Equipment removed by Company, plus (iv) <br />any removal cost of any Equipment, minus (v) any payment security amounts recovered by the <br />Company under Section 7 (Customer Credit Requirements). For the avoidance of doubt, Company <br />has the right, but not the obligation, to access and remove any and all Equipment. at its sole <br />discretion. Title to Equipment that Company elects not to remove shall transfer to Customer upon <br />written notice by Company to Customer of such an election. Company will invoice Customer the <br />Termination Fee, due and payable by Customer within thirty (30) days of the date of such invoice. <br />Company's invoice may include an estimated salvage value of Equipment removed by Company. <br />Company retains the right to invoice Customer based upon actual salvage value within one -hundred <br />eighty (1 80) days of the date of the Company's removal of Equipment. <br />(Continue on Sheet No. 9.824) <br />Issued by: Tiffany Cohen, Director, Rates and Tariff <br />Effective: <br />
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