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