FPL Group, Inc. & Subsidiaries - Page 60

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            FPL’s purchase order.  The purchase order lists the documents                               
            that make up the contract and states a total contract price of                              
            $11,477,432.                                                                                
                  To support the existence of a binding contract, petitioner                            
            relies heavily upon the testimony of its employee, Mr. Garcia.                              
            For example, petitioner argues in its brief that “Mr. Garcia                                
            testified that the [A.B.] Chance Contract was finalized in                                  
            October 1985, and that it was in fact one contract from that                                
            point in time forward.”  However, Mr. Garcia testified as a fact                            
            witness, not a legal expert.                                                                
                  Indeed, the A.B. Chance contract in evidence obligated FPL                            
            to expend more than $11 million for phase I, committing it to                               
            purchase a finite amount of equipment.  The contract had no term                            
            but did contain a price guarantee, which controlled and limited                             
            the price A.B. Chance could charge FPL for purchases of the LMS                             
            equipment after phase I.  The price guarantee clause obligated                              
            A.B. Chance to charge FPL the then-lowest price that it charged                             
            to its other customers for the LMS.  However, the A.B. Chance                               
            contract contained no obligation that FPL must purchase any other                           
            equipment from A.B. Chance.  In fact, a contrary intention is                               
            indicated in the contract:  “It is FPL’s intent to competitively                            
            bid its requirements for Phases II and III.”                                                
                  We do not agree with petitioner’s argument that the A.B.                              
            Chance contract was a binding contract for purchases after phase                            





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