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ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 25 FLORIDA POWER & LIGHT COMPANY Attachment A First Revised Sheet No. 9.047 Cancels Original Sheet No. 9.047 (Continued from Sheet No. 9.046) 18.9. Waiver of Jury Thal. EACH PARTY ACKNOWLEDCIES AND AGREES THAT ANY CONfROVFRSY WHICH MAY ARISE UNDER THIS CONTRACT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE EACH I'ARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT A PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION RESULTING FROM, ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (a) NO REPRESENTATIVE, AGENT OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK 10 ENFORCE THE FOREGOING WAIVER. (b) EACH PARTY UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER (c) EACH PARTY MAKES THIS WAIVER VOLUNTARILY ANI)(d) EACH PARTY HAS BEEN INDUCED TO ENTER INFO THIS CONTRACT BY, AMONG OTHER THINGS, THE MUTUAI. WAIVERS AND CERTIFICATIONS IN THIS SECTION 18.9 18.10 Taxation In the event that FPL becoines liable for additional taxes, including interest andfor penalties arising from an INental Revenue Service's determination, through audit, ruling or other authority, that FPL's payments to the QS for capacity under Options B, C, D, E or for energy pursuant to the Fixed Firni Energy Payment Option D are not fully deductible when paid (additional tax liability), FPL may bill the QS monthly for the costs, including carrying charges, interest, and/or penalties, associated with the fact that all or a portion of these capacity payments are not currently deductible for federal and+or state income tax purposes_ FPL, et its option, may offset nese costs against amounts due the QS hereunder. These costs would be calculated so as to place FPL in the sant` economic position in which it would have been if the entire capacity payments had been deductible in the period in which the payments were made, If FPL decides to appeal the Internal Revenue Service's determination, the decision Us 10 whether the appeal should be made Through tlir adniinistrative or judicial process or both; and all subsequent decisions pertaining to the appeal (both substantive and procedural), shall rest exclusively with FPL. 18.11 Severability If any part of (his Contract, for any reason, is declared invalid, or unenforceable by a public authority of appropriate jurisdiction, then such decision shall not affect the validity of the remainder of the Contract, which remainder shall remain in force and effect as if this Contract had been executed without the invalid or unenforceable portion 18.12 Complete Agreement and Amendments All previous conuuunieations or agreements between the Parties, whether verbal or written, with reference to the subject matter of this Contract are hereby abrogated. No amendment or modification to this Contract shall be binding unless it shall be set forth in writing and duly executed by both Parties. This Contract constitutes the entire agreement between the Parties. 18,13 Survival of Contract This Contract, as it nmy be amended Front time to time, shall be binding upon, and inure to the benefit of, the Parties' respective successors -in -interest and legal representatives. 18.14 Record Retention The QS agrees to retain for a period of five (5) years from the date of termination hereof all records relating to the performance of its obligations hereunder, and to cause all QS Entities to retain for the same period all such records. 18.15 No Waiver No waiver of any of the tem ts and conditions of this Contract shall be effective unless in writing and signed by the Party against whom such waiver is sought to be enforced Any waiver of the terms hereof shall be effective only in the specific instance and for the specific purpose given. The failure of a Party to insist, in any instance, on the strict performance of any of Ole terms and conditions hereof shall not be cwrutrucd as a waiver of such Party's right in the future to insist on such strict performance. (Continued on Sheet No.9.048) Issued by S. E. Romig, Director,' Rates and Tariffs Effective: September 13, 2016