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2008-263
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2008-263
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Last modified
4/8/2016 1:34:59 PM
Creation date
10/1/2015 12:31:32 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/19/2008
Control Number
2008-263
Agenda Item Number
12.C.2
Entity Name
FPL Energy Services Inc.
Subject
Master Agreement Demand Side Management
State Governmental Entities
Supplemental fields
SmeadsoftID
7541
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6 . 5 Remedies. Where remedies are expressly afforded by this Master Agreement with respect to the <br /> Services provided by the Company, such remedies are intended by the Parties to be the sole and exclusive remedies <br /> of the Customer for liabilities of the Company arising out of or in connection with the Services or this Master <br /> Agreement, notwithstanding any remedy otherwise available at law or in equity. <br /> 6 . 6 Survival. Notwithstanding anything to the contrary, the obligations of the Parties under Sections <br /> 6 . 1 through 6 . 5 shall survive the termination or expiration of this Master Agreement. <br /> ARTICLE 7 - ACCESS AND INFORMATION <br /> 7 . 1 Customer Cooperation. The Customer shall use reasonable efforts to assist the Company in <br /> performing the Services contemplated by this Master Agreement, including providing reasonable access to the <br /> Customer ' s Service Location(s), providing information concerning the Service Location(s) , making appropriate <br /> Customer personnel available if requested by the Company to assist the Company in performing such Services, and <br /> taking any other actions the Company may reasonably request from time to time to achieve the purposes and intent <br /> of this Master Agreement. <br /> 7 . 2 Access to Service Locations . Upon the request of the Company, the Customer shall provide the <br /> Company and its Subcontractors with reasonable access to the Service Location(s) to enable the Company to <br /> perform all Services hereunder and to verify and confirm the operation of any installed ECO following the <br /> Substantial Completion Date . The Company also shall have access to the Service Location(s) during the warranty <br /> period specified in Article 5 for purposes of perforniing its obligations thereunder. The Customer shall provide the <br /> Company with adequate storage and laydown areas at the Service Location(s) , as applicable, during the installation <br /> of ECOs and shall make available any construction power and other utilities required by the Company and its <br /> Subcontractors to perform the Services. The Company and its Subcontractors shall observe all of the Customer ' s <br /> safety and security procedures at the Service Location(s), to the extent made known to the Company, and shall not <br /> unreasonably disturb or interrupt the Customer ' s operations at such location(s) . <br /> 7 . 3 Requests for Information. The Customer shall promptly comply with all reasonable requests by <br /> the Company for information concerning the Service Location(s), as required by the Company to perform the <br /> Services , and information to enable the Company to determine the actual energy savings and load reduction <br /> achieved at the Service Location(s) as a result of ECO implementation. The Customer also shall provide the <br /> Company with any information and other assistance reasonably required to verify to the Florida Public Service <br /> Commission the demand and energy savings achieved and the related costs thereof. The Customer agrees that the <br /> Company may disclose such information obtained by the Company or provided by the Customer pursuant to this <br /> Master Agreement or any supplemental Master Agreement to the Florida Public Service Commission and to any <br /> other public authority having jurisdiction. <br /> 7 .4 Nondisclosure and Use of Confidential Information. Confidential Information shall not be used <br /> for any purpose other than to analyze , implement or complete the Program. Confidential Information shall be held <br /> in strict confidence by the Customer and shall not be disclosed without prior written consent of the Company, except <br /> to the Customer ' s employees with a need to know the Confidential Information for the purpose of performing work <br /> related to the Program. The Customer shall require all of its agents receiving the Confidential Information to be <br /> bound by the terms of Sections 7 . 1 through 7 . 7 of this Master Agreement. <br /> 7 . 5 Required Disclosure . In the event that the Customer is requested or required by legal or regulatory <br /> authority to disclose any Confidential Information or as otherwise required pursuant to the provisions of the Florida <br /> Public Records Act, Chapter 119 , Florida Statutes, the Customer shall promptly notify the Company of such request <br /> or requirement prior to disclosure so that the Company may seek an appropriate protective order, at the sole cost of <br /> Company and/or waive compliance with the terms of this Master Agreement. In the event that a protective order or <br /> other remedy is not obtained, or the Company waives compliance with the provisions hereof, the Customer agrees to <br /> furnish only that portion of the Confidential Information that it reasonably determines, in consultation with its <br /> counsel, is consistent with the scope of the subpoena or demand, and to exercise reasonable efforts to obtain <br /> assurance that confidential treatment will be accorded such Confidential Information. Notwithstanding anything to <br /> the contrary, the Parties and their agents may disclose to any and all persons, without limitation of any kind, the tax <br /> Page 11 of 20 Rev 08/ 15/08 <br />
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