|
ORDER NO. PSC -2022 -0203 -PAA -EQ
<br />DOCKET NO. 20220072 -EQ
<br />PAGE 21
<br />Attachment A
<br />$*#o"jtLiArRev1%ed Shect No. 9.042
<br />FLORMAPONYFR&IAGHTCOMPANY Cancels.'+s�rou 44411evLsed Sheet No. %042
<br />(Cwtimcd from Sheet No. 4,041)
<br />ALL, OTHER REMEDIKS OR DAMAGES AT LAW OR IN EQt -ITY ARE WAIVED; PRQYI)FP HOWEVER THE PARTIES AGREE
<br />THAT TILE PoRi'-,00ING uml'rxrlONS WILL NOT IN ANY WAY Ll2NAFf LIABILITY OR DAMAGES UNDER ANY THIRD PAKI'Y
<br />CLAIMS OR THE LIABILITY OF A PARTY WHOSE ACTIONS OWING RISE TO SUCH I,IAB]LrrY CONSTITI.TTE GROSS NEGLIGENCE
<br />OR WILLFUL MISCONDUCt'. TflL PROVISIONS OP'tTIV5 SECTION SHALL APPLY REQAPDLLSS OF FACIA'ASI) SHALL sURVAtli
<br />TEnIINATION, CANCELLATION, SUSPENSION, COMPLETION OR EXPIRATION Of THIS CONTRACT, NOTHING CONTAINED IN
<br />THIS AGREEMENT SHALL BE DEEMEDTO BEA WAIVER Of A PARTY'S RIGHT TOSEEK INJUNCTIVE RELIEF,
<br />1& Insurance
<br />15.1 The QS shall procure or cause to be procured, and shall maintain throughout ate entire teen of this Contract, a policy or
<br />policies or liability fitsunince issued by an insurer acceptable to F1% on a standard 111suraocc Services Office" commercial general liability.
<br />form (Such policy or policies, collectively, The *QS Insurance'), A certificate of insunmat hall be delivered to FPI, at least fifteen (15)
<br />calendar days prior to the start of any interconnection work, At a ininimum, the Q3 Insurance shall contain (a) an cri(kirserritnt providing
<br />coverage, including jx-aducL5 habilityloorrilgeted for the tem, of this Contract, aixt 6)) a brni j*om, contractual liability
<br />endorsement coveritig liabilities (i) which might arise uMer, or in the performance cc nonperfmitaric.- of, this Contract and the
<br />Interconnection Agreemnit or (ii) caused by operation of the Facility or any of the QS's equipment or by the QS's fiflure to maintain the
<br />Facility or the QS's equiptnein in satisfactory and safe operating condition. Effective at least fifteen (15) calendar days prior to the
<br />synchronization of the Facility with FPL's system, the QS Insurance shall he amended to include coverage for interruption or curtailment of
<br />power supply in accordance with indwirystandards, Without firniting the foregoing, the QS Insurance total he reasonably acccli(atile to FPL.
<br />Any prainjuni assessment or deductible shall be Ar the account of the QS and notFPL,
<br />15.2 The (,)S Insurance Shall have a ininitnurn limit or one million dollars (51,000,000) per occurrerwe, And tivo rinUigli dgar
<br />a s
<br />Inifit. for Lvdilyinjury (molt ding death) orpropertydarnage,
<br />153 In the event that such insurance becomes totally unavailable or procurement thereof becomes commercially imincdcable,
<br />such unavailability shall not constitute an Lverit of Default under this Contract, but FPL and the QS shall enter into ncgotiaiiojis to devc1op,
<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" basis, the retroactive date of the policy(ies) shall be the effective
<br />date of this Contract or such other date as maybe agreed upon to protect the interests of the FPL Entities and the QS Entifies. Furthennore, to
<br />the extent the QS Irismance is on a "claims made" basis, the QS's duty to provide insurance coverage shall survive the termination of this
<br />Contract until the expiration of the maximum statutory period of limitations in the State of Florida for actions based in contractor in tort. To
<br />the extent the QS Insurance is onan "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 issuancethereof.
<br />15.6 The QS "I be designated as the named insured and FPL shall be designated as an additional named insured wider the QS
<br />Insurance. The QS Insurance sitall be endorsed to be primary to any coverage maintained by FPL
<br />16. Force Mqjeure
<br />Force Majeure is defined as an event or curcurrislance that is not within the reasonable control of or the result ofthe negligence of,
<br />the affected party, and which, by the exercise of due diligence, the affected party is unable to overcome, avoid, or cause to be avoided in a
<br />commercially reasonable manner- Such events or circumstances may include, but are not bruited to, acts of Goil, war, not or nisunceitm,
<br />blockades, embargoes, sabotage epideruies, e.,qilosions and fires not originating in the Facility or caused by its operatiori, burricaries, floods,
<br />strikes, lockouts or Wier labor disptites, diflicultics (not caused by the Idure oftho affected party to comply with the terms of a cottective
<br />bwgaining agreement), of actions, or restraints by court order or govemmentalautbority or arbitration aivard Force Majeureshall 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, ootistruction, operation, maintenance or inability to meet regulatofy mandauls,or otherwise caused by an
<br />event originating in the Facility, (c)) a failure otperformhuce of any other entity, includnig any entity providing electric tniiruiTision service
<br />to the QS, except to the extent that such failure was raised by an event that would o1hemise qualiA, as a Force Majeure event; (d) failure of
<br />the QS to timely apply for or obtainpamits,
<br />(Continuad on Sliest No. 9.043)
<br />Issued Cohen, Senior Director, Regulatoi-v Rates, Coit of Service and Systems
<br />JAIMIV !N"It#1144W4AJ-�
<br />
|