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ORDER NO. PSC -2020 -0212 -PAA -EQ
<br />DOCKET NO. 20200114 -EQ
<br />PAGE 21
<br />FLORIDA POWER & LIGHT COMPANY
<br />Attachment A
<br />Second Revised Sheet No. 9.042
<br />Cancels First Sheet No. 9.042
<br />(Continued Froin Sheet No. 9.041)
<br />ALL OTHER REMEDIES OR DAMAGES AT LAW QR IN EQUITY ARE WAIVED; PROVIDED, HOWEVER. THE PARTIES AGREE
<br />THAT THE. FOREGOING LIMITATIONS WILL NOT iN ANY WAY LIMIT LIABILITY OR DAMAGES UNDER ANY THiRD PARTY
<br />CLAIMS OR THE UAI3ILITY OF A PARTY WHOSE ACTIONS GIVING RiSE TO SUC11 LIABILITY CONSTITUTE GROSS NEGLIGENCE
<br />OR WILLFUL MISCONDUCT. THE PROVISIONS OF THIS SECTION SHALL APPLY REGARDLESS OF FAULT AND SHALL SURVIVE
<br />'TERMINATION, CANCELLATION, SUSPENSION, COMPLETION OR EXPIRATION OF THIS CONTRACT. NOTHING CONTAINED IN
<br />THiS AGREEMENT SHALL. BE DEEMED TO RE A WAIVER OF A PARTY'S RiGHT TO SEEK INJUNCTiVE RELIEF.
<br />15. Insurance
<br />15.1 The QS shall procure or cause to be.procured, and shall maintain throughout the entire tem) of this Contract, a policy or
<br />policies of liability insurance issued by an insurer acceptable to FPL on a standard "Insurance Services Office" commercial general liability
<br />form (such policy or policies, collectively, the "QS Insurance"). A certificate of insurance shall be delivered to FPL at least fifteen (15)
<br />calendar days prior to the start of any interconnection work. At a minimum, the QS Insurance .shall contain (a) an endorsement providing
<br />coverage, including products liability/completed operations coverage for the term of this Contract, and (b) a broad form contractual liability
<br />endorsement covering liabilities (1) which might arise under, or in the performance or nonperformance of, this Contract and the
<br />Interconnection Agreement, or (ii) caused by operation of the Facility or any of the QS's equipment or by the QS's failure to maintain the
<br />Facility or the QS's equipment in satisfactory and safe operating condition. Effective et least fifteen (15) calendar days.'pnor to the
<br />s}nchronieation of the Facility with FPI; s system, the QS Insurance shall be amended to include coverage for interruption or Curtailment of
<br />powcr.supply in accontanccwith industry standards. Without limiting the foregoing, the QS Insurance. must be reasonably acceptable to FPL.
<br />Any premium ascessnhent or deductible shall be for the account of the QS and not FPL.
<br />15.2 The QS Insurance shall have a minimum limit of one million dollars ($1,000,000) per occurrence, combined single limit, for
<br />bodily injury (including death) or property damage.
<br />15.3 In the event that such insurance becomes totally unavailable or procurement thereof becomes commercially impracticable,
<br />such unavailability shall not constitute an Event of Default welts Otis Cwrhaet, but FPL and the QS shall enter into negotiations to develop
<br />substitute protection which the Parties in their reasonable judgment deem adequate.
<br />15.4 To the extent that the QS ]nsurancc is on a "claims made" basis, the retroactive date of the policy(ics) shall be the effective
<br />date of this Contract or such other date as may be agreed upon to protect the interests of the FPL Erhtities and the QS Entities. Furthermore, to
<br />the extent the QS Insurance is on a "claims made' basis, the QS's duty to provide insurance coverage shall :survive the termination of this
<br />Contract u)htib the expiration of the ma'imum statutory period of limitations in the State of Florida for actions based in contract or in tort To
<br />the extent the QS insrance is on an "occurrence" basis, such insurance shall be maintained in effect at all times by the QS during the term of
<br />this Contract.
<br />15.5 The QS Insurance shall provide that it may not be cancelled or materially altered without at least thirty (30) calendar days'
<br />written notice to FPL. The QS shall provide FPL with a copy of any material communication or notice related to the QS Insurance within ten
<br />(10) business days of the QS's receipt or issuance thereof.
<br />15.6 The QS shall be designated as the named insured and FPL shall be designated as an additional named insured under the QS
<br />Insurance. The QS insurance shall be endorsed to be primary to any coverage maintained by FPL
<br />16. Force Mgjeure
<br />Force Majeure is defined as an event cc circumstance that is not within the reasonable control of or the result of the negligence of
<br />the affected party, and which, by the exercise of due diligence, the affected party is umlile to overcome, avoid, or cause to be avoided in a
<br />conuuercially reasonable manner. Such events or circumstances may include, but are not limited to, acts of God, war, riot or insurrection,
<br />blockades, embargoes, sabotage, epidemics, explosions and fires not originating in the Facility or caused by its operation, hurricanes, floods,
<br />strikes, lockouts or ether labor disputes, difficulties (not caused by the failure of the affected .party' to comply with the terms of a collective
<br />bargaining agreement), or actions or restraints by court order or govemrnental authority or arbitration award. Force Majeure shall not include
<br />(a) the QS's ability to sell capacity and energy to another market at a more advantageous price; (b) equipment breakdown or inability to use
<br />equipment caused by its design, construction, operation maintenance or inability to meet regulatory standards, or of eessise caused by an
<br />event originating in the Facility; (c)) a failure ofperfomruhce of any other entity, including any entity providing electric transmission service
<br />to the QS, except to the extent that titch failure was enticed by an event that would otherwise qualify as a Force Majeure event; (d) failure of
<br />the QS to timely apply for or Obtain permits.
<br />(Continued on Sheet No. 9.043)
<br />Issued by: S. E. Romig, Director, Rates and Tariffs
<br />Effective: September 13, 2016
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