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ORDER NO. PSC -2019 -0220 -TRF -EI
<br />DOCKET NO. 20190034 -EI
<br />PAGE 26
<br />FLORIDA POWER & LIGHT COMPANY
<br />Attachment C
<br />Page 8 of 11
<br />Original Sheet No. 9.827
<br />(Continued from Sheet No. 9.826)
<br />16. Force Ma cure Force Majeure is defined as an event or circumstance that is not reasonably foreseeable, is
<br />beyond the reasonable control of and is not caused by the negligence or lack of due diligence of the affected
<br />Party or its contractors or suppliers. Such events or circumstances may include, but are not limited to, actions
<br />or inactions of civil or military authority (including courts and governmental or administrative agencies), acts
<br />of God, war, riot or insurrection, blockades, embargoes, sabotage, epidemics, explosions and fires not
<br />originating in the Facility or caused by its operation, hurricanes, floods, strikers, lockouts or other labor
<br />disputes or difficulties (not caused by the failure of the affected Party to comply with the terms of a collective
<br />bargaining agreement). If a Party is prevented or delayed in the performance of any such obligation by a Force
<br />Majeure event, such Party shall provide notice to the other Party of the circumstances preventing or delaying
<br />performance and the expected duration thereof. The Party so affected by a Force Majeure event shall
<br />endeavor, to the extent reasonable, to remove the obstacles which prevent performance and shall resume
<br />performance of its obligations as soon as reasonably practicable. Provided that the requirements of this
<br />Section 16 are satisfied by the affected Party, to the extent that performance of any obligation(s) is prevented
<br />or delayed by a Force Majeure event, the obligation(s) of the affected Party that is obstructed or delayed shall
<br />be extended by the time period equal to the duration of the Force Majeure event. Notwithstanding the
<br />foregoing, the occurrence of a Force Majeure event shall not relieve Customer of payment obligations under
<br />this Agreement.
<br />17. Confidentiality. "Confidential Information" shall mean all nonpublic information, regardless of the form in
<br />which it is communicated or maintained (whether oral, written, electronic or visual) and whether prepared by a
<br />disclosing Party or otherwise ("Disclosing Party'), which is disclosed to a receiving Party ("Receiving Party").
<br />Confidential Information shall not be used for any purpose other than for purposes of this Agreement. The
<br />Receiving Party shall use the same degree of care to protect the Confidential Information as the Receiving
<br />Party employs to protect its own information of like importance, but in no event less than a reasonable degree
<br />of care based on industry standard. Except to the extent required by applicable law, Customer shall not make
<br />HIV public statements that reference the name of Company or its affiliates without the prior written consent of
<br />Company.
<br />18. insurance and Indemnity.
<br />(a) insurance to Be Maintained by the Comnanv.
<br />i. At any time that the Company is performing Services under this Agreement at the Customer
<br />Facility, the Company shall, maintain, at its sok cost and expense, with insurer(s) rated "A-.
<br />WI" or higher by A.M. Best's Key Rating Guide, (i) commercial general liability policy with
<br />minimum limits of One Million (SI,000,000.00) Dollars per occurrence for bodily injury or
<br />death and/or property damage, (ii) automobile liability policy with minimum limits of One
<br />Million (51,000,000.00) Dollars combined single limit for all owned, non -owned, leased and
<br />hired automobiles. (iii) umbrella liability policy with minimum limits of Two Million
<br />(52,000,000.00) Dollars per occurrence, and (iv) workers' compensation insurance coverage
<br />as mandated by the applicable laws of the State of Florida and Employers' Liability cover
<br />with limits of One Million ($1,000,000.00) Dollars per accident, by disease and per policy
<br />and per employed.
<br />ii. Upon the request of Customer, the Company shall provide the Customer with insurance
<br />certificates which provide evidence of the insurance coverage under this Agreement
<br />iii. Notwithstanding any other requirement set forth in this Section 18(a) Company may meet
<br />the above required insurance coverage and limits with any combination of primary, excess,
<br />or self-insurance. In the event Company self -insures any of the above required coverages,
<br />Company will provide Customer with a letter of self-insurance upon written request by
<br />Customer.
<br />(Continue on Sheet No. 9.828)
<br />Issued by: Tiffany Cohen, Director, Rates and Tariff
<br />Effective:
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