Fuel Purchase Agreement (Page 17 of 24) in pdf

FLORIDA POWER & LIGHT COMPANY

FUEL OIL PURCHASE CONTRACT

GENERAL TERMS AND CONDITIONS

SELLER:

The legal entity identified on the Contract Cover Page that has entered into this Contract to sell, transport,

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and deliver Product to BUYER.

Subcontractor:

A person or entity contracting directly with SELLER or another Subcontractor to perform any part of

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the obligations of SELLER to transport, deliver, or furnish Product in accordance with this Contract.

Taxes:

Any and all taxes, fees, assessments, excises, charges, levies, import duties, tariffs, and licenses (including

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penalties and interest) whether now in existence under Laws and Regulations or imposed in the future by any

international, federal, state, or local governmental authority on the production, sale, purchase, importation,

transportation, delivery, receipt, storage, or use of Product.

Tank Truck: Any vehicle used by SELLER or SELLER's Subcontractors (whether owned by SELLER or third parties)

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to transport over land and deliver Product to BUYER in full compliance with Laws and Regulations.

Terminal Operator:

The person(s) having responsibility for overseeing and coordinating the delivery and

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measurement of Product at a Delivery Point on BUYER's behalf. This person may be (i) an employee of BUYER or an

FPL Entity, or (ii) a third party business entity contracting directly with BUYER, or with a contractor of BUYER (other

than SELLER), to provide terminaling or other operational services related to receipt or transfer of Product.

Train:

Any rail tank car used by SELLER or SELLER's Subcontractors (whether owned by SELLER or third parties)

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to transport via a railroad system and deliver Product to BUYER.

Transaction: An agreement permitted under this Contract and established by the Parties prior to or at the time ordering

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of Product takes place for delivery of Product in one or more cargoes or shipments. The Commercial Terms and

Conditions of the Transaction must be approved by the BUYER's Trader and documented in a Transaction

Confirmation.

Transaction Confirmation: A written document, issued by BUYER and thereafter confirmed by the SELLER in

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accordance with Section 2.3 (Transaction Confirmations) that sets forth a specific set of Commercial Terms and

Conditions of a Transaction agreed to by the Parties for purchase and delivery of Product, including, but not limited to a

description of the Product, Transaction Price, Transaction Period, Order Quantity, Delivery Point(s), and Delivery

Window.

Transaction Period:

The span of time (which may encompass one or more Delivery Windows) during which the

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specific set of Commercial Terms and Conditions for the Transaction apply, as documented in one or more Transaction

Confirmations.

Transaction Price:

The unit price (in $/BBL or $/gallon, as appropriate) for each Barrel or gallon of Product

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purchased and delivered hereunder, determined by the Parties during negotiation of the Commercial Terms and

Conditions and documented in the applicable Transaction Confirmation.

Vessel: Any watercraft such as a tanker or barge used by SELLER or SELLER's Subcontractors (whether owned by

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SELLER or third parties) to transport and deliver Product to BUYER in full compliance with Laws and Regulations.

FPL FOG GTC R20100101.doc

Fuel Purchase Agreement Page 17

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