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d ) apply a credit in the amount of $246 . 40 , in the event that the customer has made or has agreed to make a <br /> Contribution in Aid of Construction for the underground distribution facilities associated with this Agreement <br /> (if the credit exceeds the contribution , or if no contribution is required , a payment shall be made <br /> to the <br /> customer) ; <br /> e ) assume no liability for materials lost , stolen or damaged once received by the customer; <br /> f) furnish any additional material at the current cost plus applicable loading and delivery charges ; <br /> g ) assume no liability for delays caused by material delivery deficiency, including insufficient , lost , stolen or <br /> damaged material ; <br /> h ) assume no liability for delays because of misunderstanding of installation drawings or specifications ; <br /> i ) assume no liability for delays or additional cost caused by an inadequacy of the conduit system installation ; <br /> j ) assume no liability for special incidental or consequential damages of any nature . <br /> 3 . This agreement is subject to FPL's General Rules and Regulations for Electric Service and the Rules of the <br /> Florida Public Service Commission . <br /> 4 . Customer agrees to protect, defend , indemnify and hold FPL , its officers , directors , employees , and <br /> agents <br /> ( FPL Entities ) free and unharmed from and against any and all claims , liabilities , loss , costs , <br /> or damages <br /> whatsoever, related to any claim made by tenants , invites , licensees , quests , any other or third <br /> parties , <br /> including court costs and attorney's fees , whether or not due to or caused in whole or part by the negligence of <br /> FPL Entities , resulting from or in connection with the performance of this Agreement by either party hereto <br /> IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed to be effective as of <br /> the day and year written above . <br /> APPLICANT : FPL : <br /> SIGNED SIGNED <br /> NAME Kenneth R . Macht NAME ��(Jj(�/5 car /x���(� <br /> TITLE Chairman TITLE <br /> APPROVED : <br /> roe Woe, <br /> APATANTCOUWNTiYATTORNEY <br /> S TO FORM <br /> ANY <br /> BY <br /> ASS <br /> 2ot2 <br />