Answering Statement and Request for Dismissal by Gainesville ..

20. GRU and GREC are engaged in the conduc t of trade or commerce within the
meaning of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”).
21. GRU’s conduct described above, including the filing of the Amended Demand for
the purpose of pressuring GREC to renegotiate
the PPA, constitutes unfai r and deceptive acts
and practices in violation of FDUTPA.
22. As a direct and proximate result of GRU’s unfair and deceptive actions, including
its filing of the Amended Demand and related d
ealings with GREC, GREC has suffered, and
continues to suffer, damages in excess of $50 million.
Count III: Tortious Interference with Business Relations
23. GREC repeats and re-alleges the allega tions contained in all the preceding
paragraphs.
24. GRU knew about and intenti onally interfered with GR EC’s business relations
with tax equity investors by commencing this baseless Arbitration in an effort to coerce GREC to
renegotiate the PPA.
25. GRU’s tortious interference was acco mplished using improper means and/or
inspired by improper motives.
26. As a direct and proximate result of GRU’ s actions in filing the Amended Demand
and in related dealings with GREC, GREC has suffered, and continues to suffer, damages in
excess of $50 million.
VI. CONCLUSION
For the reasons discussed above, GRU’s Amended Demand is baseless and without merit.
GREC respectfully requests that the Arbitrator:
1. Issue an award dismissing the Amende d Demand against GREC and providing
that GRU recovers nothing;
2. Issue an award in favor of GREC on its Counterclaim;
3. Award damages, including attorney’s fees and costs, to GREC in an amount to be
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