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