ORDER NO. PSC -2019 -0220 -TRF -EI
<br />DOCKET NO. 20190034 -EI
<br />PAGE 27
<br />FLORIDA POWER & LIGHT COMPANY
<br />Attachment C
<br />Page 9 of 11
<br />Original Sheet No. 9.828
<br />(Continued from Sheet No. 9.827)
<br />(b) insurance to Be Maintained by the Customer.
<br />i. The Customer, during and throughout the Term of this Agreement, shall, maintain, at its sok
<br />cost and expense, with insurer(s) rated "A-, WI" or higher by A.M. Best's Key Rating
<br />Guide, (i) commercial general liability policy with minimum limits of One Million
<br />(51,000,000.00) Dollars per occurrence for bodily injury or death andior property damage,
<br />(ii) automobile liability policy with minimum limits of One Million (51,000,000.00) Dollars
<br />combined single limit for all owned, non -owned. leased and hired automobiles, (iii) umbrella
<br />liability policy with minimum limits of Two Million ($2,000,000.00) Dollars per occurrence,
<br />and (iv) workers' compensation insurance coverage as mandated by the applicable laws of
<br />the State of Florida and Employers' Liability cover with limits of One Million
<br />(S1,000,000.00) Dollars per accident, by disease and per policy and per employee. With
<br />respect to insurance required in (i), (ii). and (iii) above, Customer shall name Company as an
<br />additional insured and provide a waiver of subrogation in favor of Company.
<br />ii. In the event Customer is subject to Section 728.28 Florida Statute, Customer acknowledges,
<br />without waiving the right to sovereign immunity as provided by Section 768.28. Florida
<br />Statutes, that Customer is self-insured for general liability under Florida sovereign immunity
<br />statutes with coverage limits of Two Hundred Thousand (S200,000.00) Dollars per person
<br />and Three Hundred Thousand ($300,000.00) Dollars per occurrence. or such monetary
<br />waiver limits that may change and be set forth by the legislature. Customer shall also
<br />maintain workers' compensation insurance in accordance with Chapter 440, Florida Statute.
<br />Coverage shall also include Employers' Liability coverage with limits of One Million
<br />(S1,000.000.00) Dollars per accident.
<br />(c) Indemnity. The Customer shall indemnify, hold harm less and defend Company from and against any
<br />and all liability, proceedings, suits, cost or expense for loss, damage or injury to persons or property
<br />("Losses") to the extent arising out of, connected with, relating to or in any manner directly or
<br />indirectly connected with this Agreement; provided, that nothing herein shall require Customer to
<br />indemnify Company for Losses caused by Company's own. negligence, gross negligence or willful
<br />misconduct. The provisions of this paragraph shall survive termination or expiration of this
<br />Agreement.
<br />19. Non -Waiver. The failure of either Party to insist upon the performance of any term or condition of this
<br />Agreement or to exercise any right hereunder on one or more occasions shall not constitute a waiver or
<br />relinquishment of its right to demand future performance of such term or condition, or to exercise such right in
<br />the future.
<br />20. Assignment. Neither this Agreement, nor the Service, nor any duty. interest or rights hereunder shall be
<br />subcontracted, assigned, transferred, delegated or otherwise disposed of by Customer without Company's prior
<br />written approval. Customer will provide written notice to Company of a prospective sale of the real property
<br />upon which the Equipment is installed, at least thirty (30) days prior to the sale of such property. In the event of
<br />the sale of the real property upon which the. Equipment is installed, subject to the obligations of this
<br />Agreement including Section 7 (Customer Credit Requirements), the Customer has the option to purchase the
<br />Equipment pursuant to Section 13(e) or this Agreement may be assigned by the Customer to the purchaser if
<br />such obligations have been assumed by the purchaser and agreed to by the Customer and the Company in
<br />writing. This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the
<br />Customer and Company.
<br />(Continue on Sheet No. 9.829)
<br />Issued by: Tiffany Cohen, Director, Rates and Tariff
<br />Effective:
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