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/13 / vq COPY First Revised Sheet No. 9. 495 FLORIDA POWER & LIGHT COMPANY Cancels Original Sheet No. 9.495 COMMERCIAL/INDUSTRIAL DEMAND REDUCTION RIDER AGREEMENT This Agreement is made this 13th day of January ) 2009 by and between SW ( � 1�Rl� C0U1J D � ( hereinafter called the " Customer" ) , located at g, zkoS g T in �/ (l O &Au L Florida, and FLORIDA POWER & LIGHT COMPANY, a corporation organized under the laws of the State of Florida ( hereinafter called the " Company " ) . WITNESSETH For and in consideration of the mutual covenants and agreements expressed herein , the Company and the Customer agree as follows : I . The Company agrees to furnish and the Customer agrees to take electric service subject to the terms and conditions of the Company's Commercial industrial Demand Reduction Rider ( "Rider CDR" ) as currently approved or as may be modified from time . to time by the Florida Public Service Commission ( " Coininission " ) . The Customer understands and agrees that, whenever reference is made in this Agreement to Rider CDR, both parties intend to refer to Rider CDR as it may be modified from time to time. A copy of the Company ' s presently approved Rider CDR is attached hereto as Exhibit A , and Rider CDR is hereby made an integral part of this Agreement. 2 . Service under Rider CDR shall continue, subject to Limitation of Availability , until terminated by either the Company or the Customer upon written notice given at least five ( 5 ) years prior to termination . 3 . Service under Rider CDR will be subject to determinations made under Commission Rules 25- 17 . 0021 (4) , F .A .C. Goals for Electric Utilities and 25-6 .0438 , F . A . C . , Non-Firm Service -Terms and Conditions, or any other Commission determination(s) . 4 . The Customer agrees to not exceed a usage level of kW ( " Firm Demand") during the periods when the Company is controlling the Customer's service . If the Customer chooses to operate backup generation equipment in parallel with FPL, the Customer shall enter into an interconnection agreement with the Company prior to operating such equipment in parallel with the Company's electrical system . The " Finn Demand " level ( as applicable) shall not be exceeded during periods when the Company is controlling load . Upon mutual agreement of the Company and the Customer, the Customer's " Firm Demand " may be subsequently raised or lowered, so long as the change in the " Firm Demand " level is not a result of a transfer of load from the controllable portion of the Customer's load . The Customer shall notify the Company , in writing, at least ninety (90) days prior to adding firm load . 5 . Prior to the Customer's receipt of service under Rider CDR , the Customer must provide the Company access at any reasonable time to inspect any and all of the Customer's load control equipment and/or backup generation equipment, and must also have received approval from the Company that the load control equipment and/or backup generation equipment is satisfactory to effect control of the Customer' s load . The Customer shall be responsible for meeting any applicable electrical code standards and legal requirements pertaining to the installation , maintenance and repair of the load control equipment and/or backup generation equipment . It is expressly understood that the initial approval and later inspections by the Company are not for the purpose of, and the Customer is not to rely Upon any such inspection( s) for, determining whether the load control equipment and/or backup generation equipment has been adequately maintained or is in compliance with any applicable electrical code standards or legal requirements . ( Continued on Sheet No . 9 .496 ) Issued by: S. E. Romig, Director, Rates and Tariffs Effective : November 15, 2002