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ORDER NO. PSC -2023 -0180 -PAA -EQ
<br />DOCKET NO. 20230046 -EQ
<br />PAGE 20
<br />Attachment A
<br />Page 15 of 42
<br />Third. Revised SheetNdJM
<br />.
<br />FLORIDAPOWE[ A0311TCOWANI' aA I Sa pJ eYiscdSheet.
<br />..........
<br />(Continued from SheetW9A0)
<br />AMariHER REMEDIES OR DAMAGES AT LAW OR INEQUITY Ai€EEa, PROVIDED, HOWEVER THE PARTIES AGREE
<br />THAT THE FOREGOING LIMITATIONS WILL NOT IN ANY WAY LIMIT�ILITY OR DAMAGES UNDER ANY THIRD PARTY
<br />CLAIMS OR THE LIABILITY OF A PARTY WHOSE ACTIONS GIVING RISE I SUCH LIABILITY CONSTITUTE GROSS NEGLIGENCE
<br />OR WILLFUL MISCONDUCT. THE PROVISIONS OF THIS SECTION SHALL LY REGARDLESS OF FAULT AND SHALL SURVIVE
<br />`REIlMINATION, CANCELLATION, SUSPENSION, COMPLETION OR EXPUM.IOhi OF THIS CONTRACT. NOTHING CONTAINED IN
<br />THIS AGREEMENT SHALL BE DEEMED TQ BEA W.t11VER OF A PARTY'S 1tlt� Tr;SFK Ili ttlJi±ICTIVE RELIEF.
<br />13. Tl
<br />151 7710 Q3 shall procure or cath to be procured, and shall maintain throughout the entire term of this Contract a policy or,
<br />policies of liability insurance issued by an usurer 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 Insurance shall contain (a) an endorsement providing
<br />coverage, including products liability/completed operations coverage for the term of this Contract' and (b) a broad form contractual liability
<br />endorsement covering liabilities (i) which might arise under, or in the performance or nonperformance of; this Contractand the
<br />Interconnection Agreement, or (ii) caused by operation of 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 andsafe 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 be amended to include coverage for interruption or curtailment of
<br />POW" supply in accordance with industry standards. Without limiting the foregoing; the QS Insurance must be reasonably acceptable to, HPI..
<br />!premium assessment or deductible shall be for the account of the QS and.notFPL,
<br />1 .7 7W,t*S Insurance shall have avogmipa"of€nae s�IronA0llat's 01,000,000) per occurrence, and two million dollars
<br />Qq,%00f go*ined aggregate limit, for baaily irdwyftfiltfulg dea&) or pmpettl damage.
<br />15.5 In the evert that such insurance becomes totally unavailable or procurement thereof becomes commercially impracticable,
<br />-such unavailability shall not constitute an Event of Default under3his 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 />SIA 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 astray be agreed upon to protect the interests of the FPL Entities and the QS Entities. Furthermore, to
<br />the extert the QS Insurance is on a "claims rade" basis, the QS's duty to provide insurance cover le IQall survive the termination of this
<br />Contract until rho expit'ation..of dtemaximum statutory period of limitations in the State of Florida t2 p-�,tms based in contract or in tort. To.
<br />the extent the Q$°f ttpe iB psi en "occurrence- balls, such insurance shall be maintained effect ii yjuiies by the QS clueing the term of
<br />this Contract.
<br />41M t S bye shad provide"that it may not be cancelled.or materially altered:without dleast thirty (30) calendar days,
<br />Ott F,PU, "09S shall provide FPL with a copy of any material comrmrtication or notice related to the QS Insurance within ten.,
<br />(I0j 1 ti&ss te+ cet 'a receipt or issuancethereof
<br />1,5:6 The QS' shall'be designated as the named insured slid FPL shall be designated as an additional named insured under the Q
<br />hlstt%W, The QS Insurance shall be endorsed to be primary to any coverage maintained byFPL
<br />IG Force Majeure
<br />Force. Majeure is defined as an event or circumstance that is not within the reasonable control of; cc the result of the negligence off„
<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 v
<br />commercially reasonable manner. Such events or circumstances may include, but are not limited to, acts of God, war, riot or insrrrectidrtr:
<br />blockades, embargoes; sabotage, epidemics, explosions and fires not originating in the Facility or caused by its operation, hurricanes, floods,
<br />strikes, lockouts or other labor disputes, difficulties (not causedbythe failure ofthe 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 Majeure shall 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,
<br />equipment caused by its design, construction, operation, maintenance or inability to meet regulatory standards, or otherwise caused,
<br />event originating inthe Facility; (c)) n failure o£perforrtrartce ofarry other entity, including any entity Prov Belectric transma
<br />to the QS, except to the extent that such failure was caused by an event that would otherwise qualify as a FNWMajeure event; =5
<br />the QS to timely apply for or obtainpermits.
<br />(CmitiiruedortSheett! OPQ
<br />Issued by: Tiffany Cohen, Senior Director, Regulatory Rates, Cost of Service and Svstems
<br />Effective: June 7, 2022
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