Laserfiche WebLink
ORDER NO. PSC -2020 -0212 -PAA -EQ <br />DOCKET NO. 20200114 -EQ <br />PAGE 26 <br />IZARIPA POWER & I IGHT COMPANY <br />Attachment A <br />First Revised Sheet No. 9.047 <br />Cancels Original Sheet No. 9.04.7 <br />(Continued from Sheet No, 9,046) <br />18.9. Waiver of Any Trial. EACH PARTY ACKNOWLEDGES AND: AGREES THAT ANY. CONTROVERSY WI1ICH MAY <br />ARISE UNDER THIS CONTRACT IS LIKELY TO INVOLVE COMPLiC.ATF.D AND DIFFICULT ISSUES, AND THEREFORE EACH <br />PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT A PARTY MAY ILAVE TO A TRiAL BY <br />JURY IN RESPECT OF ANY LITIGATION RESULTING FROM, ARISING OUT' OF QR RLLAI'ING'!'O THIS CONTRACT O1; THE <br />TRANSACTIONS CONTEMPLATED HEREBY. :EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (a) NO <br />REPRESEN1AT1VE, AGENT OK ATTORNEY OP THE OTHER PARTY HAS REPRESENTED EXPRESSLY OR OTHERWISE, <br />T1iA`I' SUCI I arum PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER, <br />(b) EACH PARTY UNDERS'I:ANDS AND HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (c) EACH PARTY MAKES <br />THIS WAIVER VOI.UNI ARIIN AND (d) EACH PARTY HAS BEEN INDUCED TO ENTER INTO THIS CONI'RA(1 BY, AMONG <br />OTHERTLIINGS, TIIE MUTUAL \VAiVERS AND CERTIFICATIONS IN THIS SECTION 18.9 <br />18,1:0 Taxation <br />lit the event that FPL becomes liable for idditional taxes: including interest aiullor penalties arising from an Internal Rerenue <br />Service's determination, through audit, oiling or other authority, that FPI.'s payments to the QS for capacity under Options R, C, I), E or for <br />energy pursuant to the Fixed Finn Energy Payment Option D are not fully deductible when paid (additional tax liability), FPL may hill the <br />QS monthly for the costs, including carrying charges, interest and'or penalties, associated, with the fact that all or a portion of these capacity <br />payments are not currently deductible for federal andvor state income tax purposes. FPi, at its option, may offset these costs against amounts <br />Ate the QS hereunder. These costs would be calculated so as to place FPL in the same economic position in which it would have been if the <br />entire capacity payments had heen deductible in the period in which the payments were made. If FPL decides to appeal the Internal Revenue <br />Service's determination, the decision as to whether the appeal should be made through One administrative or judicial process or both, and all <br />subsequent decisions pertaining to the appeal (both substantive and procedural), shall rest exclusively with FPL, <br />18.11 Severability <br />1farty part of this Contract, for any reason, is declarcd.invalid, or Unenforceable by a public authority of appropriate jurisdiction, <br />then3ueh decision shall not affect the validity, of, the remainder of the Contract, which rttnainder stall remain in force and effect as if this <br />Contract had been executed without the invalid or unenforceable portion. <br />18.12 Complete Agreement and Amendments <br />All previous communications or agreements between the Parties, whether verbal or written, with reference to the Subject matter of <br />this Contract are hereby abrogated. No amendment or modification to this Contract shall be binding unless it shall be set forth in writing and <br />duly executed by both Parties. This Contract constitutes the entire agreement between the Parties. <br />18.13 Survival of Contract <br />This Contract as it may be amended from time to time, shall be binding upon, and inure to the benefit of, the Parties' respective <br />successors -in -interest and legal representatives. <br />18.14 Record Retention <br />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 <br />its obligations hereunder, and to ease all QS Entities to tclain for the same period all such records. <br />18.15 No Waiver <br />No waiver of any of the teens and conditions of this Contract shall be effective unless in writing and signed by the Party against <br />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 <br />purpose given, The failure of a Parry to insist, in any instance, on the strict performance of any of the terms and conditions hereof :Thal l txif he <br />construed as a waiver of such Party's right in the future to insist on such strict performance. <br />(Continued on Sheet No. 9.048) <br /><Issuet i Z <br />Se,R. RowN, Director, Rates and Tariffs <br />Eft ettrWt [ leatiTtltit♦ 13,201d <br />