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Docket No. 170077 -EQ Date: June 29, 2017 FLORIDA POWER & LIGHT COMPMNY Sewn, IM ht Revised Sheet No. 9.037 Cancels SW Seventh Revised Sheet No. 4.037 (Continued from Shect No. 9.036) 9:2 The specific security instalment provided lin' purposes of Itis Contract is: ( )LcticrnfCredit. O Hnnd. O Cash Collateral. Attachment A Page 10 of 42 9.3 FPI. shall have the right to monitor (a) the financial condition orthe ismer ora Ldter of Credit in the event any Letter 01, Credit is provided by de QS, mid (b) the insurer, in the case orally Bond. In the event the issuer of a Lettcr of Credit no lon__er qualif iesas Qualified issuer or die issuer ora Bond is no longer financially sound; FI?L may require lite QS to replace the Letter orCredil or the Bond. as applicable Such replacement Letter orCrdit or bond must be issued by a Qualili d Issuer ora Gnancin)ly sound issues, as applicable. vtilhin ten (10) business drys foto%ving Witten ratification to the QS of the rquirancnt to replace. ):adore in• the QS to comply with the rolluirtiments of this Section 9.3 shall W grounds for Fill. to draw in full on the existing Letter of Credit or imnd and to exemia atv other remedies it mm' have hereunder. 9.4 Nomitihstanding We forgoing provisions or this Section 9, pursuant to FPSC Mule 2$47.091(4] F.A.C.. a QS qualifying as a •Solid Write Facihiv '.pursuant to Section 377:709(3) or (5), F.S.. respeclivelc. tray use an misccurW written commitment or pronitse to plc m a form reamnahlc acceptable to PPL, by the local government which ovens the Facility oron whosc Mialf the (2S operates the Fxilitc, to secure its obligation to achieve on a timely basis the C.yiacitc lkliyery Date and Ube culisfactan perdorin cc of its obligations hcrcumlcr. 9.5 FPI. skill be entitled ah dray% du Complctiou/I'crfonnalrcc Security to -Wisty any obligation or liability of QS arising pursuant to this Contract. 9.5.1 K the QS tails to achieve tie Capucitp Delivery Date oil or Before tike in-service date of the Avoided Unit or such later elute as Permitted In' FPI. pursuant to Section 5.6. IM shall be entitled intincdiately to receive; draw upon, or retain. as, the core may he. one -hundred (i fl!N%.) of. tile completion/ Perils m:mc : St cutity its liquidated damages free from any claim or right of any nature whatsoeverortic QS, including any equity or right of redemptivon by the QS.11ic parties ties aclrnondcdgc tial the injury that FPL hill sutler as a result of delayed availability of Committed Capacity and energy is difficult It, ascertain and that FPI, may accept such sures as liquidated dmnages and limirt in il%• Utter te9ne'dlcs %%loch may be av:tdable'lu it undr lar In In cquih. 9.5.2 fn the event that ITL roq vires the QS to perform enc or more Committed Cipicity'resi(s) it any time on or befurc the first miniveistry of civ Capacity Delivery Date pursuant to Section 5,3 and. in connection pith any such Committed Capaeity'fest(s). the QS tails to demoris(tatc a Capacity of :it leas! one -hundred percent (11111%.) rid the Committed Capacity set f.rth in Section 5.1. F1'1. shall lie entitled immediately to rcceico, crave upon. or retain. as tine case mqc be, ono hnidtcd penemt (100' 6) of th Camplelii hUPerl"oimatec Security as liquidated damages free front) :nry claim or light orally nature vahatsm wer of mite QS. including any equity or right or rdenlplion by tie QS. 59..? QS shall promptly. but in no 0%ent more than five (5) business days fnll,oing any idmn, on the ComplctioruTcttiimuurcc Security. replenish the Completion/Perimmance Security to the amounts nqutnd herein. 9.6 The QS, as the Pledgor of the Completion/Perfonnahce Security. hereby, pledges to ITI., as the seemed Party. as security for the achievement of the Capicit• Deliver Date and satisfactory p erli>rmnncc of its obligations hereunder. and giants to FI'1, a first priority continuinu security interest in. lien on and right of set -nor against all Compleinniftrionnance Security transferred It, or received by Fill. hercundcr, Upon the transfer or return in, Fill. to the QS of Completion4'crlomiance Security, The security interest and lien granted hereunder on that Cnnpletionll'erformance Security twill be released inmiediately mid. to tie email possiblo, a'itln ut any (other action by either party. (Continued on Sheol No. 9.03;c) Issued by: S. E. Romig, Director, Rates and Tariffs Effeetive: -15-