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ORDER NO. PSC -2021 -02,52 -PAA -EQ
<br />DOCKET NO. 20210067 -EQ
<br />PAGE 25
<br />FWRII)A PONNIFR4. LIMIT COMPAW
<br />(Continued from Shoat No. OV(i)
<br />Attachment A
<br />Mrst Re,.istd Sheet No. 0.047
<br />canctis "Inal Sheet No. 9.447
<br />1840 Waiver ofluryTrial. ISAM PARTY ACKNOWLEDGES AND AGREES THAT ANY CONITROVERSY WHICH &UNN
<br />ARISE UNDER THIS CONTRACT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE EACH
<br />PARTY HERFBY IRREVOCABLY AND UNCONDITIONALLY NVA IVESANY RIGHT A PARTY r%IAY HAVE TO A TRIAL BY
<br />JURY 04 RESPECT OF ANY LITIGATION RESULTING FROM, ARISING OUT' OF OR RELATING TO THIS CONTRACT OR THE
<br />TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (a) NO
<br />REPRESENTATIVE,. AGENT OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE,
<br />THAT SUCH OTHER PARTY WOULD NOT, IN THE WVFNT OF IxIcWrION, SEEK TO ENIFORCFi'rn FOREGOING WANT"R,
<br />(b) EACH PARTY UNDERSTANDS AND HAS CONSIDER ED THE IMPLICATIONS OF THIS WAIVER, (c) EACH PARTY MAKES
<br />THIS WAIVER VOI,,(JNTAPJI,Y AM) (d) EACH P.wry HAS BEEN INDUCED TO IiNTFP INTO THIS COVIllAcT BY, ANIONG,
<br />OTHERniINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 18.9
<br />I8:I01'exation.
<br />In the event that FPI, becomes liable for additional taxes, :including interaz4arWor penalties arising ftorn an Internal Revenue
<br />Scivice's determination, through audit, naling or other authority., that. FPI; s payments to the QS for capacity under Options B, C, 1), E or for
<br />energy pursuant to the iFixed Firm EueTy Paymeat•Option D are not fully deductible when paid (additional tax liability), FPL juay bill the
<br />QS monthly for the costs, inchidiRg carrying charges, interest and/or penalties, associated with the fact that all or a pint on.ofthm capacity
<br />payments are not curfently dedurtitile f6r federal andfor;state income tax purposes. FPL. at its option, may ofUet these costs, against amounts
<br />due the QS hereunder. These costs would be calculated so as to place FPL in the same econoinic position inAhich it would have been if the.
<br />entire capacity paymems:had,been deductible in the period in which the payments were made. If FPL decides to a1 at -the Internal Revenue
<br />Service's detennination, the decision as towhether the appeal should be made through tie administrative or judicialprotegi or both, and A
<br />subscquent decisions pertaining to the appeal (both substantive and Procedural), shall rest exclusively FPL.
<br />IS: I I Severability
<br />If Buy part of this Contract, for wry reason, is declared invalid) or unenrorceable by apublic authority ol'appropriate jurisdiction,
<br />then mach decision sAiAll not afkvt the validity of the remainder of the Contract, which remainder shall retrain in f6toe and effect as if this
<br />Contract had been executed without the invalid or unenforceable portion.
<br />1.8:12 Complete Agreement and Amendments
<br />All praviouscommunivations or agreements between the Parties, whether verbal or written, with reference to the silbject matter of
<br />this Contract are hereby abrogated. No mumdruent or modifiention, tot his Contract shall be binding unless it shall be set forth in writing and
<br />duly executed by both Parties. 'rias Contract constitutes the entire, agreement between the Parties.
<br />19.13 Survival of Contract
<br />This Contract, as JI. may be amended from tinte to kine, shall be binding upon, and inure to the benerit of, the Parties' respective
<br />succe�,,;ors-in-inlerest and legal representatives.
<br />19. 14 Record Retention
<br />The QS agrees to retain for -dj)fjiud1vf five (5) years from the date of tertnination, hereof all records relating to the performance of
<br />.its oblightions.hereunder, and to cause. all QS Entities to retain for, the same period all such records.,
<br />18.15 No Waiver
<br />No waiver of any of the terms and conditions of
<br />this Contract shall be effective unless in wiling and signed by the Party against.
<br />whorn,buch waiver is: -ought to be enforced. Any waiver ofthe: terms hereofshall. be effective only in the specific instance and for the specific
<br />purpose given. The failure of Party to.insist, in any instance, on the strict performance ofany of the terms and conditions hereof shall not be
<br />construed as a waiver of such Party's right in the future to insiston strict performance.
<br />(Coritinuedon Sheet No. 9.048)
<br />Issued by: S.E. Romig,'Director, Rates and.Tariffs.
<br />Effective: September 13,2016
<br />f- 21
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