06/21/2022 - Laserfiche WebLink

Home Browse Search

ORDER NO. PSC -2022 -0203 -PAA -EQ DOCKET NO. 20220072 -EQ PAGE 26 FLORIDA POti1 F;R & LIGITTCOMPANY (Continued from Sheet No. 9.046) Attachment A First Revised Sheet No. 9.047 Cancels Original Sheet No. 9.047 18.9. Waiver of Jury Trial. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDERTHIS CONTRACT IS L.IK.ELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT A PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION RESULTING FROM, ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES TIIAT (a) NO REPRESENTATIVE, AGENT OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER, (b) EACH PARTY UNDERSTANDS AND HAS CONSIDEREE) THF IMPLICATIONS OF THIS WAIVER, (c) EACH PARTY MAKES THIS WAIVER VOLUNTARILY AND (d) EACH PARTY HAS BEEN INDUCED TO ENTER INTO THIS CONTRACT BY, AMONG OTHERTHINGS,THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 18.9 I8.10 Taxation In the event that FPL becomes liable for additional tars, including interest atWor penalties arising from an Internal Revenue Service's determination, throvith audit, ming or other authority, than FPL: s payments to die QS for capacity cooler Options B, C, D, E or for energy pursuant to the Fixed Firm Energy Payment Option D are not filly deductible when paid (additional tax liability), FPL may bill the QS monthly for the costs, including carrying charges, interest andlor penalties, associated with die fact drat all or a Portion of these capacity payments are not currently deductible for federal andfor state income tax proposes, FPL, at its option, may offset these costs against amounts due the QS hereunder. These costs would be: calculated so as to place FPL in to same economic position in which it would have leen if the entire capacity payment., had been deductible in the period in which the payments were made. If FPL decides to appeal the Internal Revenue Setvice's determination, the decision as to whether the appeal should be made through die administrative or judicial process or bow and all subsequent decisions pertaining to the appeal (both substantive and procedural), shall rest exclusively with FPL. 18: i i Scverability If any pan of dais Contract, for airy reason, is declared invalid, or uneaforceabie by a public authority of appropriate jurisdiction, then such decision shell not atTct the validly of the remainder of the Contract which rematirtder shall remsm in force and etrect as if this Contract had been execrated wi hotii the invalid or unenforceable portion. 18.12 Couipkne Agreement and Airetidments All Tmrvious cx rrimli tications or al recinews letzvLen the Parties, whether verbal or written, with reference to tlw suhjccl matter of this Contract are hereby abrogated. No amendment or modification to this Contract shall be hindmg wilem it shall be set forth in writing and duly executed by both Prudes. This Contact constitutes the entire agreemera between the Parties. 18.13 Survival ofColl acct This Cordram as it may be amended from time to time, shall be binding upon, and inure to the benefit of, the Parties' respective slx des ors -in -interest and legalrepresentatives. I8:14 Record Retention The QC agree%tn retain for a period of five (S) years from the date of tennination hemorall records relating to the pert'ormanee of its obligations hereunder, and to cause all QS Entities to retain for the same period all such records. 18.1 S No Waiver No waiver of any of tic terms and conditions or tbis Contract shrill be effective unless* in writing and signed by the Party against whore such waiver is sought to be en€owed. Airy weiver of the term hereof shall be effective only in the specific instance and €or the specific Purpose given. The ftiitve of a Party to insist, in arty instance, an the strict performance of any of the tetras and conditions horcof shall nothe eonstnruh as a waiver of such Partys right in the ftiturre to insist on such strict performance, (Continued on Sheet No.9,M) ]-,sued by; S. E—Ronrig,Director, Rates and'Fariffs F.t1'eetirx: September 13, 2016