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ORDER NO. PSC -2021 -0252 -PAA -EQ
<br />DOCKET NO. 20210067 -EQ
<br />PAGE 20
<br />Attachment A
<br />Second Reaised Sheet No. 9.032
<br />FLORIDA POWER fie LIGHTf COMPANY Cancels First Street No. 9.092
<br />(Continued from Sheet No, 9.041)
<br />ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN FQU.rl-Y ARE WAIVED,, PROVIDED, HOMjFVER THE PARTIES AGREE
<br />THAT THE FOREGOING 1.1MITATIONS WILL NOT IN ANY \VAS' LIMIT LIABILITY OR DAMAGES UNDER ANY THIRD PARTY
<br />CLAIMS ORTHE LIABILITY OFA PARTY 'WHOSE ACTIONS GIVING RISE TO SUCH LIABILITY CONSTITUTE GROSS NEGLIGENCE
<br />OR WILLFUL MISLI)NDUCT THE PROVISIONS OF THIS swrim SHALL APPLY REGARDLESS OF FAULT AND S'HALh, SURVIVE
<br />TEPW1NATION, CANCELLATION. SUSPENSION, COMPLETION, OR EXPIRATION OF THIS CONTRACT. NOTHING CONUAINED IN
<br />THIS AGRFFMENT SHALL BE DEEMED TO BE A WAIVER OFA PARTY'S "RIGHTTO SEEK INR7NcnV E RFLiF..F.
<br />15. lnimrance
<br />15.1 The QS shall procure or cause to be procured, and shall maintain throughout the entire term 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 ittmirance shall contain (a) an endomement providing
<br />coverage, including products'liability/completed operations coverage for the tens of this Contract, mid (b) a broad form contractual liability
<br />endorsuimcni covering 'liabilities (i) which might arise under, or in the performance or rmnperromrnnea Of, !his Contract and the
<br />interconnection Agreernent, or (ii) caused by operation or. 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 at least fifteen (15) calendar days prior to the
<br />synclwonization of the Facility Rall FPI; s system, the QS Insumnoe shall be amended to include coverage for intermoon or curtailment of
<br />Power supply in accordance rritlt industry staruittrils. lYitiwrn limiting the foregoing, the QS Insurance roust be reasonably acceptable to FPL.
<br />Any'premium assessment or deductible shall he for the account of Ilse QS and not FPL.
<br />15.2 The QS insurance stall have a m4 innun limit of one million dollars (SI,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 muwailabilily shall not constitute an F,veni of Default wader this Contract, 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 Insurance is on a "claims made" bass, the retroactive date of the policy(ies) shall be the effective
<br />date of this Contract or such other date as may be agreed upon to protect the mterests of the FPL Entities 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 terminationof this
<br />Contract until the expiration of the maximum statutory period of hnutations in the State of Florida for actions based in contract or in tort. To
<br />the extent the QS Insurance is on an `occurrence" basis, such insurance shall be maintained in effect at all times by the QS during the tern of.
<br />.this Contract.
<br />)S3 The 0S Inmuance 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 Insuiiance within ten.
<br />(i 0) business hays 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. Forte Majeure
<br />Force Majeure is defined as an event or circumstance that is not within the reasonable control of or the result of the negligence oL
<br />the affccicd party, and which, by the exercise of due diligence, the affected party is arable to overcome, avoid, or cause to be avoided in it
<br />commercially reasonable manner. Such events or circuunstances :may include, but are not limited to, acts of God, war, not or insurrection.
<br />blockades, cmbargocs, sabotage, epidemics, explosions and fires not originating in the Facility or caused by its operation, huniewims, flood.
<br />,strikes, lockouts at other 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 governmental authority or arbitration award. Force Majeurc shat) not include
<br />(a) the QS's ability to sell capacity and energy to another market at a more advantageous price; (b) equipment breakdomar or inability to use
<br />equipment caused by its design, construction, operation, maintenance or inability to meet regulatory standards, or otheriiise caused by an
<br />ovenLorlgir sting in the Facility; (c) ) a failure aCperfonnance'of airy other entity, including any entity providing electric trartsrrtission service.
<br />to the QS, exeepl-to the extent that such failure was Daubed by an event that would otherwise qualify as it Force Majeure event, (d) failure of
<br />the QS to timely apply for or obtain pertrtits.
<br />(Continued on Sheet Nm 7.043)
<br />Issued by: S..E Romigi,Dirertor, Rates and Tatri€fs
<br />Effedive: September, 414016,
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