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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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3 . 5 .4 Late Payments . Any overdue payment under Article 3 shall bear interest at the Delayed <br /> Payment Rate from the date such payment is due until and including the date of payment. <br /> 3 . 5 . 5 Release from Obligation to Pay Feasibility Study rice . Notwithstanding any provision in <br /> Section 3 . 5 . 1 to the contrary, the Customer shall have no obligation hereunder to pay the Company for a Feasibility <br /> Study or Feasibility Report performed by the Company if (a) the Feasibility Report submitted by the Company does <br /> not identify at least one potential ECO at a Customer Service Location specified in the Customer-executed <br /> Feasibility Study Authorization Form which meets the agreed upon Payback Criteria as set forth in the Feasibility <br /> Study Authorization Form, or (b) the Customer does not elect to proceed further with any recommended ECO as set <br /> forth in Section 3 .4 . <br /> 3 . 5 . 6 Notice of Termination of Feasibility Study by the Company. In the event the Company <br /> determines , prior to submission of the Feasibility Report to the Customer, that the Company will not be able to <br /> identify at least one potential ECO that meets the agreed upon Payback Criteria as set forth in the Feasibility Study <br /> Authorization Form, then the Company, in its sole discretion, may elect by written notice to the Customer to <br /> terminate its duties and obligations to complete and deliver the Feasibility Report, unless the Customer, within five <br /> (5 ) days following receipt of such notice, elects in writing to waive the provisions of Section 3 . 5 . 5 and to pay to the <br /> Company the Feasibility Study Price as otherwise set forth in Section 3 . 5 . 1 . <br /> ARTICLE 4 — INSTALLATION AND IMPLEMENTATION <br /> 4 . 1 Authorization to Proceed with Implementation Services . Each Feasibility Report will be <br /> referenced and incorporated into an Implementation Services Authorization Form which must be executed by the <br /> Customer and delivered to the Company within sixty (60) days after the Customer ' s receipt of the Feasibility Report <br /> to authorize the Company to proceed with the Implementation Services identified in the Feasibility Report. A <br /> sample copy of an Implementation Services Authorization Form is attached to this Master Agreement as Schedule <br /> B . If the Customer timely delivers to the Company an executed Implementation Services Authorization Form, the <br /> Company will proceed with conducting the Implementation Services specified in the Feasibility Report. If the <br /> Customer elects to not authorize the Implementation Services or if the Customer fails to deliver to the Company an <br /> executed Implementation Services Authorization Form within the sixty (60) day period provided by this Section 4 . 1 , <br /> the Company shall have no duty or obligation to perform any Implementation Services with respect to any of the <br /> ECO ' s at the Service Locations identified in the Feasibility Report, and the Customer shall pay the Company for the <br /> Feasibility Study prepared for such ECO . <br /> 4 . 2 Substantial Completion and Final Acceptance . <br /> 4 . 2 . 1 Inspections and Notice of Substantial Completion. During the performance of <br /> Implementation Services under this Article 4 , the Customer shall have the right to conduct reasonable inspections of <br /> the work of the Company or any Subcontractor at any time upon reasonable prior notice . Upon Substantial <br /> Completion of construction and installation of each ECO in accordance with a Customer-authorized Feasibility <br /> Report, the Company shall deliver a Notice of Substantial Completion to the Customer. A sample copy of a Notice <br /> of Substantial Completion is attached to this Master Agreement as Schedule C . The Customer shall have delivered a <br /> list of any Punch List items and any potential material defect or deficiency prior to the Customer executing a Notice <br /> of Substantial Completion. <br /> 4 . 2 . 2 Correction of Material Defects or Deficiencies . Prior to receiving a Notice of Substantial <br /> Completion, the Customer agrees it has identified and delivered written notification to the Company any and all <br /> potential material defect or deficiency in an ECO . If the Customer determines that a material defect or deficiency <br /> exists, Customer shall promptly notify Company in writing pursuant to Section 218 . 735 (7)( a)( 1 ), Florida Statutes, <br /> and thereafter the Company shall cause any necessary corrections to be made to remedy the material defect or <br /> deficiency . If for any reason the Customer fails to deliver written notification to the Company of a material <br /> deficiency or defect in an ECO following the Company ' s acknowledgment by Customer that the ECOs are <br /> Substantially Complete and received the Customer ' s Notice of Substantial Completion, the Customer shall thereby <br /> be deemed to have irrevocably acknowledged and agreed that (a) each ECO meets the requirements of the Master <br /> Agreement and the Customer-executed Implementation Services Authorization Form, and (b) each such ECO is <br /> Page 6 of 20 Rev 08/ 15/08 <br />
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