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Docket No. 170077 -EQ Date: June 29, 2017 (Continued from Shed N6.9.032.1) Sale of Energy and Capacity by the QS Eighth Revised Sheet No. 9.033 Attachment A Page 6 of 42 4.1 Consistent with the tams hereof, the QS shall sell and deliver to FPL and FPL shall purchase and receive from the QS at the Delivery Point (damned below) all of the energy and firm capacity generated by the Facility. FPL shall have the sole and exclusive right to purchase ell energy and capacity produced by the Facility. The purchase and sale of energy and firm capacity pursuant to this Contact shall be a ( ) net billing err agement or ( ) simultaneous purchase and sole amooement; provided, howrever, that no such arrangement shall cam the QS to sell mote energy and firm capacity than the Facility's net output. The billing methodology may be changed at the option of the QS, subject to the provisions of FPL Rate Schedule QS -2. For purposes of this Contract, Delivery Point shall be defined as either. (a) the point of interconnection between FPL's system and the transmission system of the final utility lansmittiog energy am firm capacity from the Facility to the FPL system, as specifically described in the applicable Wheeling Agreemen4 or (b) the point of interconnection bebnreeo the Facility and FPL's transmission system, as specifically described in the interconnection Agrameni. 4.2 The QS shall not rely on intermptibie standby service for the start up requirements (initial or ot)erwise) of the Facility. 4.3 The QS shall be responsible for all costs, charges and penalties associated with development and operation of the Facility. 4.4 The QS shall be responsible for all interconnection, electric tosses, transmission and ancillary service arrangements and costs required to deliver, on a firm basis, the firm capacity and energy from the Facility to the Delivery PoiaL Committed CapadlylCapadh• Delivery Date 5.1 The QS commits to sell and deliver Into capacity to FPL at the Delivery Point, the amount of svbioh shall be determined in accordance with this Section 5 (the "Committed Capacity"). Subject to Section 5.3 the Committed Capacity shall be KW, delivery date no later them the la�ice date of the Avoided Unit or as otherwise specified in Appendix E (the "Guaranteed Capacity Delivery Date'l. 5.2 Testing of the capacity of the Facility (each such test, a "Committed Capacity Test") sball be performed in accordance with the procedures ser forth in Section 6. The Demonstration Period (defined herein) for One first Committed Capacity Test shell commence no earlier than six (6) months prior to the Capacity Delivery Date and testing must be completed by 11:59 p.m. on the date prior to the Guaranteed Delivery Date. The fin Committed Capacity Test shall be deemed successfully completed when the QS demonsustes to FPL's satisfaction that the Facility cam make available capacity of at least one hundred percent (100%) of the Committed Capacity set forth in Section 5.1. Subject to Section 6.1, the QS may schedule and perform up to three (3) Committed Capacity Tests to satisfy the capacity requirements ofthe Contract 5.3 FPL shall have the right to require die QS, by notice no less than ten (10) business days prior to such proposed test to validate the Committed Capacity of the Facility by means of subsequent Committed Capacity Tests as follows: (a) once per each Summer period and once per each Winter period at FPL's sole discretion,(b) at any lima the QS is unable to comply with any material obligation under this Contract for a perm of thirty (30) days or more is the aggregate as a consequence of an event of Force Majeure, and (c) at any fine the QS fails in three consecutive months to achieve an Annual Capacity Billing Factor, as defined in Appendix B (the ACBF" j; equal to or greater than 70%, The results of any such test shall be provided to FPL within seven (7) days of the conclusion of mach test On and after the date of such requested Committed Capacity Test, and until the completion ofa subsequent Committed Capacity Test, the Committed Capacity shall be deemed u the lower of the tested capacity or the Committed Capacity as set forth in Section 5.1. 5.4 Notwithstanding anything to the contrary herein, the Committed Capacity shall not exceed the amount set ronh in Section 5.1 without the prior written consent of FPL, such consent not unreasonably withheld. 5.5 The "Capacity Delivery Date" shall be defined as the first calendar day inunediately following the date of the Facility's successtlil completion of the first Committed Capacity Tat but no earlier than the commencement date for deliveries of firm capacity and energy (as such is specified in Appendix E) 5.6 The QS shall be entitled to receive capacity payments beginning on the Capacity Delivery Date, provided, the Capacity Delivery Date occurs on or before the in-service date of the Avoided Unit (or such later date permitted by FPL pursuant to the following sentence} if the Capacity Delivery Date does not occur on or before the Guaranteed Capacity Delivery. Date, FPL shall be entitled to the CompledonlPerfornanee Security (as set forth in Section 9) in full, and in addition, has the right but not the obligation,to, allow the QS try to an additional five (5) months to achieve The Capacity Delivery Date. If the QS falls to achieve the Capacity Delivery Date either by (a) the Guaranteed Delivery Date or (b) such later date as permitted by FPL, FPL shag have no obligation to meta any capacity payments under this Contract and FPL will be permitted to lambaste this Contact, consistent with the terms herein, without further obligations, duties or liability to the QS. (Continued on Sheet No. 9.034) Effective: (September 13, ZU16 11317