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Second Revised Sheet No. 9 . 496 <br /> FLORIDA POWER & LIGHT COMPANY Cancels First Revised Sheet No. 9 . 496 <br /> (Continued from Sheet No . 9.495 ) <br /> 6 . The Customer agrees to be responsible for the determination that all electrical equipment to be controlled and/or backed up <br /> is in <br /> good repair and working condition . The Company shall not be responsible for the repair, maintenance or replacement of the <br /> Customer's equipment. <br /> 7 . Within two (2) years of this Agreement, the Customer agrees to ( i ) perform the necessary changes to allow control ora portion <br /> of <br /> the Customer' s load and/or ( ii) install or have in place backup generation equipment to contribute to the demand reduction level <br />. <br /> Should the Customer fail to complete the above work by the above -specified date, or should the Customer fail to begin <br />taking <br /> service under Rider CDR during that year, this Agreement shall become null and void unless otherwise agreed by the Company . <br /> 8 . Upon completion of the installation of the load control equipment and/or backup generation equipment, a test of this equipment <br /> will be conducted at a mutually agreeable time and date . This time and date shall typically be within the Controllable <br /> Rating <br /> Period unless otherwise agreed by the Company . Notice of the test shall be provided to the Company at least five (5 ) business <br /> days in advance of the date of the test, and the Company shall be afforded the opportunity to v fitness the test. The test of die <br />load <br /> control equipment will consist of a period of load control of not less than one hour. . Effective upon the completion of the testing <br /> of the load control equipment and/or backup generation equipment, the Customer will agree to a "Firm Demand" . Service under <br /> Rider CDR cannot continence prior to the installation of load control equipment or any necessary backup generation equipment <br /> and the successful completion of the test. <br /> 9 . in order to minimize the frequency and duration of interruptions under the Commercial Industrial Demand Reduction Rider, the <br /> Company will attempt to obtain reasonably available additional capacity and/or energy under the Continuity of Service Provision <br /> in Rider CDR. Time Customer elects/does not elect to continue taking service under the Continuity of Service Provision . Service <br /> will be provided only if capacity and/or energy can be obtained by the Company and can be transmitted and distributed to <br /> non- <br /> firm Customers without any impairment of the Company's system or service to firm Customers . The Customer may countermand <br /> the election specified above by providing written notice to the Company pursuant to the guidelines set forth in Rider CDR . <br /> The <br /> Company 's obligations under this Section 9 are subject to the terns and conditions specifically set forth in Rider CDR. <br /> 10 . The Company may terminate this Agreement at any time if the Customer's load control equipment and/or backup generation <br /> equipment fails to permit the Company to effect control of the Customer's load . Prior to any such termination, the Company shall <br /> notify the Customer at least ninety ( 90) days in advance and describe the failure or malfunction of the Customer's load <br />control <br /> equipment and/or backup generation equipment. The Company may then terminate this Agreement at the end of the 90-day <br /> notice period unless the Customer takes measures necessary to remedy , to the Company 's satisfaction, the deficiencies in the load <br /> control equipment and/or backup generation equipment. Notwithstanding the foregoing, if at any time during the 90-day period , <br /> the Customer either refuses or fails to hmitiate and pursue corrective action, the Company shall be entitled to suspend forthwith the <br /> monthly credit under Rider CDR, bill the Customer under the otherwise applicable firm service rate schedule, and to apply <br />the <br /> rebillumg and penalty provisions enumerated under " Charges for Early Termination " in Rider CDR. <br /> 11 . The Customer agrees that the Company will not be liable for any damages or injuries that may occur as a result of <br /> control of <br /> electric service pursuant to the terms of Rider CDR by remote control or otherwise, and/or installation , operation or maintenance <br /> of the Customer' s generation equipment to meet the Finn Demand level . <br /> 12 . This Agreement supersedes all previous agreements and representations. either written or oral , heretofore made between <br /> the <br /> Company and the Customer with respect to matters herein contained . <br /> 13 . This Agreement may not be assigned by the Customer without the prior written consent of the Company . The Customer shall , <br />at <br /> a minimum , provide to the Ccr, ,par. y+ a cnpy of tl-. e a-' '. c ! es of inccrporation cr pv1nership agreement of the propcsed <br /> assignee, <br /> and a copy of such assignee's most recent annual report at the time an assignment is requested . <br /> H : . , a <br /> jn '- - "" r , I. V— tire .. f1' <br /> 1 T . . .. .� � .. . _ _..~.t LCie�tll :.u .. • . .. ... ..LJ�4e �. . . �e tu . .- .. . .. .. l.J v . .. a. <br /> Commission . <br /> a: <br /> ( Cnrt . , , .ued o„ „ beet No . 9 . 497 ) <br /> Issued by : S . E. Romig, Director, Rates and Tariffs <br /> Effective : March 30, 2004 <br />