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ORDER NO. PSC -2020 -0212 -PAA -EQ
<br />DOCKET NO. 20200114 -EQ
<br />PAGE 20
<br />FLORIDA POWER & I GFUT COMPANY
<br />Attachment A
<br />Fut Revised Sheet No. 9,041
<br />Cancels Original. Sheet No. 9.041
<br />(Continual from Sheet No` 9.040)
<br />13.
<br />FPL's Rights in the F:vent of Default
<br />13.1 Upon the occturence of any of the Events of Default in Section 12, FPI, Mak.
<br />(a) terminate this Caramel, Withold genii( ty or further Obligation, except as set forth in Section 13.2,4 written notice to the QS, :Ind 6(11;4
<br />against any Imyment(s) due from FPi, to the QS, any monies othecivise (hie from the QS to FPL;
<br />(b) (Lacy on the Cn plelimJPerfgm:auce 5ec'nity'punsuant to SnUc i:i 9,,0 collect the Tearinutimi Fee Iinuistaagt to Secliuni 10 as
<br />applicable, and
<br />(c) exorcise any Other remedy(ins) which may bo avertable to F'PL'at law or in equity.
<br />13.2.In the case of an Event of Default the:QS rerogiiizes that any remedy at law may be inadequate because this Contract is moque
<br />andror because the actual dannago . of FPL may be difficult to reasonably ascertain. Therefore, the QS agrees that FPL shall be entitled to pursue an
<br />action for specific performance, and the QS waives all of its rights to assert as a defense to such action that FPL's remedy at law is adequate.
<br />13,3 Termination shall not afflict the liability of either party for obligations arising prior to suck to rminalion or for damages, if any,
<br />'resulting front any breach of this Contract.
<br />14. Indcm riificationfL,Inlits
<br />14.1 T'PL aiiii:Oil QS. Shall each be responsible for its own facilities. 1.7'L anid.the QS shall each be responsible for ensuring adequate
<br />s<nfeguards for Other FPL customers FPL's and the QS's personnel anct equipment, and for the protection ails one generating system, Subject to
<br />Section 2.7 indemnity to Company, or section 2.71 indennity Ill Concpany — Governmental, FPL's General Rides Mid Regulations of Tariff Sheet
<br />No.C.020 each party (the "Indemnifying Party') agrees, to the extent permitted by applicable law, to indemnify, pay, defend, and hold hamdess the
<br />other party (the "indemnifying Party') and its officers, directors, employees, agents and contractors (hereinafter called respectively, "FPL Entities."
<br />and "QS Entities') from and against any and all deime, dentwids, costs,'or cepcnge4 for`le s;_deniagc, or injury to pereoos or property of tlic
<br />Indemnified Party (or to third parties) caused by, exiting out ol; or resulting from: (a) a breath by the lndenanif}ing Party of its covenants,
<br />nyresactafiens, end warranties or obligations hereunder, (b) any act or omission by We lndunnifying Party or its o ntrac'tors, agents:, senaids or
<br />employees in connection with the installation or operation of its generation system or One operation thereof in Connection with the other Hartle
<br />system (c) miy defect in, failure of, or fault, related to, the indemnifying Party's generation system; (d) the negligence or willful mi comlud.of the.
<br />ilndenlnifying party. or its contractors, agents, seivaiite'or employees; or (e) any other event, act or incident, including the transmission and use Af
<br />electricity, that is, theresult of, or proximately'cansed by, the Indemnifying Party or its'contractora, dgents, servants or employees.
<br />14.2 Payment by en indemnified Party will not be a condition precedent to the obligations of the Indemnifying Party under Section 14. No
<br />Indemnified Party under Section 14 shall settle any claim for which it claims indcnuafication hereunder without first allowing the Indemnifying Party
<br />the rigid to defend such a claim. 7hc Indemnifying Party shall hays no obligations under Suction 14 in the cctinl of a breach of the forceome seadetcc
<br />by the lndeinnilied Party. Section 14 shall survive termination of this Agreement:
<br />44.31:iinita1ion on Consequential, incideital and inilirect Derripgex TO THE F131,1,PST EXTENT PFItMiTTFD'BY•LAW, NEITHER THE,
<br />QS .NOR FPE4 NOR THEIR RESPECTIVE OFFICERS, DiRECFORS, AGENTS, EMPLOYEES, MEMBERS, PARENT'S, SURSIDiARiES OR
<br />AFFILIATES, SUCCESSORS OR ASSIGNS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, MEMBERS,
<br />PARENTS, SUBSIDIARIES OR AFFILIATES, SUCCESSORS OR ASSIGNS, SHALL BE LIABLE TO THE OTHER PARTY OR THEIR
<br />RISPLCI'P/1! OFFICERS, DIRECTORS, .WENIS, EMPW t LLS, (MEMBERS, PARLN17, SURSIDLARILS OR AFF1LIATES, SUCCESSORS
<br />OR ASSIGNS, FOR CLAIMS; SUFIS, ACTIONS OR CAUSES OF ACIION FOR INCIDENTAL, INDIRECT, SPECIAL PUNITIVE,
<br />MULTIPLE OR CONSLQULN`fIAL DAMAGES CONN,LC.ILD \\+[I'll OK RLSULIING 1 RON1 PERFORMANCE Ulu NON-PERFORMANCE
<br />OF THiS CONTRACT, OR ANY ACTIONS UNDERTAKEN IN CONNECTION WITH OR RELATED TO THiS CONTRACT, INCLUDING
<br />WITHOUT LIMITATION, ANY SUCH DAMAGES WHiCH ARE BASED UPON CAUSES OF ACTION FOR BREACH OF CONTRACT,
<br />TORT (INCLUDING NEOIJGi:NC.E AND MISREPRESENTATION), BREACH •OF WARRANTY, STRICT LIARILITY, STATUTE
<br />OPERATION OF LAW, UNDER ANY INDEMNITY PROVISION OR ANY OTHER THEORY OF RECOVERY. TO THE EXTENT ANY
<br />DAMAGES REQUIRED TO IDE PAID HEREUNDER ARI; LIQUIDAI ED; THE PARTIE5 ACKNOWLEDGE 71411 171E DAMAGES ARE
<br />Dll•TICULI' OR IMPOSSIBLE 'I O DLI'ERh11NL, THAi' OIIILRWISL 0131AINING AN ADEQUATE REMEDY IS INCONVENIENT, AND
<br />THAT TILL LIQUIDATED DAMAGES CONS'1'fl'UTL' A RLASONi\13LE APPROXIMATION OF THE ANTICIPATED IIARM UR LOSS.. -11
<br />NO REMEDY 011 MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE OBLIGOR'S LiABiLITY SHALL RE 1JMITEI) TO
<br />DIRECT DAMAGES ONLY, AND SUCH DIRECT DAMAGES SHALL RE THE SOLE AND EXCLUSIVE MEASURE OF DAMAGES AND
<br />(Continued on Sheet No. 9.042)
<br />Issued by: S, E. Romig, Director, Rates and Tariffs
<br />Effective: June 25, 2013
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