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ORDER NO. PSC -2020 -0085 -TRF -EI
<br />DOCKET NO. 20190223 -EI
<br />PAGE 15
<br />FLORIDA POWER & LIGHT
<br />FIFA .Revised Sheet No. 9,143
<br />Cancels: Original Sheet. No. 9.143.
<br />10. FPL may, at any time, substitute for any luminaire installed hereunder another luminaire which shall be of at least equal illuminating
<br />capacity and efficiency.
<br />11. This Agreement shall be for a term of ten (10) years from the date of initiation of service, and, except as provided below, shall extend
<br />thereafter for further successive periods of five (5) years from the expiration of the initial ten (10) year term or from the expiration of any
<br />extension thereof. The date ofinitiation of service shall be defined as the date the first lights are energized and billing begins,. hot the date
<br />of this Agreement. This Agreement shall be extended automatically beyond the initial the (10) year term or any extension thereof, unless
<br />either party shall have given written notice to the other of its desire to terminate this Agreement. The written notice shall be by certified mail
<br />and -shall be given not less.than ninety (90) days beforethe expiration of the. initial ten (10) year term, or any extension thereof.
<br />12. In the event lighting facilities covered by this agreement are removed, either atthe request of the Customer or through termination or
<br />breach of this Agreement, the Customer shall be responsible for paying to FPL an amount equal to the fixture, pole, and conductor charges
<br />for the period remaining on the currently activeterm of service plus the cost toreinove the facilities.
<br />13. Should the Customer fail to pay any bills due and rendered pursuant to this agreement or otherwise faitto perform the obligations contained
<br />in this Agreement, said obligations being material and going to the essence of this Agreement, FPL may cease to supply electric energy or
<br />service until the Customer has paid the bills due and or has fully cured such other breach cf this Agreement. Any failure of FPL to
<br />exerdse its rights hereunder shall not bee waiver of its rights. It is understood, however, that such discontinuance of the supplying of
<br />electricenergy or service shall not constitute a breach of this Agreement by FPL, nor shall it relieve the Customer of the obligation to
<br />perform any of the terms and conditions of this; Agreement.
<br />14. The obligation to furnish or purchase service shall be excused at any time that either party is prevented from complying with this Agreement
<br />by strikes, lockouts, fires, riots, ads of God, the publicenemy, or by cause or causes not under the control of the party thus prevented•frem
<br />compliance, and FPL shall not haeethe obligation to furnish service if it is prevented from complying with this Agreement by reason of any
<br />partial, temporary or entire shut-downof servicewhich; in the sole opinion of. FPL, is reasonaby necessary for the purpose of repairing or
<br />making more efficient all or any part of its generating or other electncal equipment.
<br />15. This Agreement supersedes all previous Agreements or representations, either written, oral, or otherwise between the Customer and
<br />FPL, with respect to the facilities referenced herein and constitutes the entire Agreement between the parties. This Agreement does not
<br />createany rights or provide any remedies to third parties or create any additional duty, obligation or undertakings by FPL to third parties.
<br />16. In the event of the sale of the real property upon which the facilities are installed, upon the written consent of FPL; this Agreement may be
<br />assigned by the Customer to the Purchaser. Noassignment shall relieve the Customer from its obligations hereunder until such obligations,
<br />have been assumed by:the assignee and agreed to by FPL.
<br />17. This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and FPL.
<br />18. The lighting facilities shall remain the property of FPL in perpetuity.
<br />19. This Agreement is subject to FPL's Electric Tariff, including, but not limited to, the General Rules and Regulations for Electric Service and
<br />the Rules of the FPSC, as they are now written, or as they may be hereafter revised, amended or supplemented. In the event of any conflict
<br />between the terms of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rules, the provisions of the Electric Tariff
<br />and FPSC Rules shall control,as they are now written; oras they may be hereafter revised, amended or supplemented.
<br />(Continue on. SheetNo..9.144)
<br />Issued by:c r -F -=r R 4 iffany Cohen, Director, Rates and Tariffs
<br />Effective: Mat,c44.14914
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