By using this tool, you are indicating that you have read and agree to these Portal Terms of Use (“Terms of Use”) on behalf of yourself and the entity that you represent (all such parties, collectively, “You” or “Counterparty”). If You do not agree to these Terms of Use, or if you do not have authority to bind the entity that you represent to these Terms of Use, then you may not use the Programs. NextEra Energy Resources, LLC (“Company”) and Counterparty shall each be referred to as a “Party” and collectively as the “Parties”.

1. Scope. This site may allow You to access one or more website applications, mobile applications, software applications and/or other technology for Your Use in connection with the presentation of certain plant data (“Programs”). This is a service provided to you by Company for your convenience and without warranty whatsoever. You agree to treat all Programs as Confidential Information of Company, as further provided in these Terms of Use.

2. Programs a. The Programs are proprietary to, and a valuable trade secret of, Company. They are authorized to be used and accessed by Counterparty only for Counterparty’s internal business purposes . Counterparty shall not, without Company's prior written consent: i. disclose any information about the Programs, their design and performance specifications, their code, and/or the existence of the beta test and its results to anyone other than Counterparty’s employees who are performing the testing and who shall be subject to nondisclosure restrictions at least as protective as those set forth in these Terms of Use; ii. copy any portion of the Programs or related documentation, except to the extent necessary to perform beta testing; or iii. reverse engineer, decompile or disassemble the Programs or any portion thereof. b. Counterparty is solely responsible for the security of Counterparty’s devices upon which the Programs are installed and/or viewed. Counterparty shall take reasonable security precautions to prevent the Programs from being seen by unauthorized individuals. c. The accuracy and reliability of the Programs are not guaranteed. Counterparty shall not rely on the Programs for any purpose whatsoever. Counterparty waives any and all claims that may arise against Company in connection with the use of the Programs and/or from the performance or nonperformance of the Programs. COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

3. Governing Law. These Terms of Use shall be governed by, and construed in accordance with the laws of the State of Florida without regard to its conflict of laws provisions. Any disputes resulting in litigation between the Parties with respect to the Programs and/or these Terms of Use shall be conducted in the state or federal courts of the State of Florida.

4. Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OF USE. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THESE TERMS OF USE.

5. Publicity. Neither Party shall make any public disclosures regarding the other Party, or the subject matter hereof, including, without limitation, any advertisements, publications or documents, without the prior written approval of the other Party.

6. Export of Confidential Information. Company agrees that it and its subcontractors, employees and agents will not export the Programs or any confidential information in contravention of the provisions of (a) the U.S. Export Administration Act, as amended, and the regulations issued thereunder and (b) any other applicable laws of other countries and/or jurisdictions.