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ORDER NO. PSC -2019 -0220 -TRF -EI <br />DOCKET NO. 20190034 -EI <br />PAGE 25 <br />FLORIDA POWER & LIGHT COMPANY <br />Attachment C <br />Page 7 of 11 <br />Original Sheet No. 9.826 <br />(Continued from Sheet No. 9.825) <br />14. Warranty and Representations. <br />(a) Company's Disclaimer of Express and/or Implied Warranties. CUSTOMER ACKNOWLEDGES <br />AND AGREES THAT COMPANY HAS NOT MADE, DOES NOT MAKE AND <br />SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, <br />WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTEES OF ANY <br />KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR <br />WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING, OR WITII <br />RESPECT TO THE COMPANY'S OBLIGATIONS, SERVICES AND/OR THE <br />EQUIPMENT. CUSTOMER ACKNOWLEDGES THAT THERE IS NO WARRANTY <br />IMPLIED BY LAW, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, <br />THE TMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND THE <br />IMPLIED WARRANTY OF CUSTOM OR USAGE. CUSTOMER FURTHER <br />ACKNOWLEDGES [N NO EVENT DOES COMPANY WARRANT AND/OR GUARANTY <br />TO THE CUSTOMER THAT THE ELECTRICAL SERVICES TO THE FACILITY WILL <br />BE UNINTERRUPTED OR THAT THE INSTALLATION OF THE EQUIPMENT AND <br />PROVISION OF SERVICES PROVIDED HEREUNDER WILL AVERT OR PREVENT THE <br />INTERRUPTION OF ELECTRIC SERVICES. <br />(b) Customer Representations and Warranties. The Customer represents and warrants that (i) the Facility <br />at which Company's Equipment is to be located is suitable for the location of such Equipment; (ii) the <br />placing of such Equipment at such Facility will comply with all laws, rules, regulations ordinances, <br />zoning requirements or any other federal, state and local govemmental requirements applicable to <br />Customer; (iii) all information provided by the Customer related to the Facility is accurate and <br />complete; (iv) Customer holds title to the real property on which the Facility is located or has the right <br />of possession of the real property on which the Facility is located for the Tenn; and (v) Customer has <br />the right to grant Company easement rights related to the real property on which the Facility is <br />located, or has the right to require the owner of the real property on which the Facility is located to <br />grant Company such easement rights. <br />15. LIMITATIONS OF LIARTLITY. <br />(a) IT IS UNDERSTOOD AND ACKNOWLEDGED BY CUSTOMER THAT COMPANY IS <br />NOT AN INSURER OF LOSSES OR DAMAGES THAT MIGHT ARISE OR RESULT FROM <br />THE EQUIPMENT NOT OPERATING AS EXPECTED. IW SIGNING THIS AGREEMENT, <br />CUSTOMER ACKNOWLEDGES AND AGREES THAT COMPANY SHALL NOT BE <br />LIABLE TO THE CUSTOMER FOR COMPLETE OR PARTIAL INTERRUPTION OF <br />SERVICE, OR FLUCTUATION 1N VOLTAGE, RESULTING FROM CAUSES BEYOND <br />ITS CONTROL OR THROUGH THE ORDINARY NEGLIGENCE OF ITS EMPLOYEES, <br />SERVANTS OR AGENTS. <br />(b) SUBJECT TO SECTION 15(0, NEITHER COMPANY NOR CUSTOMER SHALL BE <br />LIABLE TO THE OTHER FOR CONSEQUENTIAL, SPECIAL, EXEMPLARY, INDIRECT <br />OR INCIDENTAL LOSSES OR PUNITIVE DAMAGES UNDER THE AGREEMENT, <br />INCLUDING LOSS OF USE, COST OF CAPITAL, LOSS OF GOODWILL, LOST <br />REVENUES OR LOSS OF PROFIT, AND COMPANY AND CUSTOMER EACH HEREBY <br />RELEASES THE OTHER FROM ANY SUCH LIABILITY. <br />(c) THE LIMITATIONS OF LIABILITY CINDER SECTION 15 ) AND SECTION 1S(b) ABOVE <br />SRAM, NOT BF. CONSTRUED TO LIMIT ANY INDEMNITY OR DEFENSE <br />OBLIGATION OF CUSTOMER UNDER SECTION 18(ei. <br />Customer's Initials below Indicate that Customer has read, understood and voluntarily accepted the <br />terms and provisions set forth in Section 15. <br />Agreed and accepted by Customer: (Initials) <br />(Continue on Sheet No. 9.8271 <br />Issued by: Tiffany Cohen, Director, Rates and Tariff <br />Effective: <br />-33 <br />