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Docket No. 170077 -EQ Date: June 29, 2017 FLORIDA POWER & LIGHT COMPANY (Coetinuod from Short No. 9.037) Attachment A Page 11 of 42 First Revised Sheet No. 9.038 Cancels Original Sheet No. 9.038 9.7 In lien of any interest, dividends or other amounts paid or deernod to have been paid with respect to Cash Collateral held by FPL (all of which may be retained by FPL), FPL will transfer to the QS on a monthly basis the Interest Amount, as calculated by FPL. "Interest Amount" means, with respect to each monthly period, the aggregate sam of the amounts of interest calculated for each day in that monthly period on the principal amount of Cash Collateral held by FPL on that day, determined by FPL for each such day as follows: (x) the amount of That Cash Collateral on that day; multiplied by (y) the Interest Rate in effect for that day, divided by (7.)360. "Interest Rate" means: the Federal Funds Overnight rate as from time to time in effect "Federal Funds Overnight Rate" . means, for The relevant determination date, the rate opposite the caption "Federal Funds (Effective)" as sct forth for that day in the weekly statistical release dcdgnatod as FL15 (5191 or any sumessoir publication, published by the Board of Governors of the Federal Reserve System. If on the determination date such nue is not yet published in Ii.15 (519), The nate for that date will be the rate set in Composite 3:30 P.M. Quotations for US. Government Securities for that day under the caption "Federal FundvEffective Rate" If on the determination date such rate is not yet published in either H.15 (519) or Composite 3:30 P.M Quotations for US. Government Sea¢ities, the rate for that date will be determined as if the Parties had specified "USD -Federal Funds -Reference Dealers" as the applicable rate. 10. Termination Fee 10.1 In Oxe event that the QS receives capacity payments pursuant to Option B. Option C, Option D or Option E (os such options arc defined in Appendix A and elected by the QS in Appendix E) or receives energy payments pursuant to the Fixed Firm Energy Payment Option (as such option is defined in Appendix A and elected by the QS in Appendix E) then, upon the termination of this Contract, the QS shall owe and be liable to FPL for a termination fee calculated in accordance with Appendix C (the "Termination Fee"). The QS's obligation to pay the Termination Fee shall survive the termination of this Contract FPL shag provide Oe QS, one monthly basis, a calculation of the Termination Fee. 16.1.1 The Termination Fee shall be secured (with the exception of governmental solid waste facilities covered by FPSC Role 25-17.091 in which cine the QS may use an unsecured written commitmerrt or promise to pay. in a fort reasonably acceptable to FPL, by the local government which owns the Facility or on whose behalf the QS operates the Facility, to secure its obligation to pay the Termination Fee) by die QS by: (a) en unconditional, irrevocable, standby letter(s) of credit issued by Qualified Issuer in form and substar m acceptable to FPL (including provisions (a) permitting partial and full draws and (b) permitting FPL to draw upon such lets of credit, in hill, if such lctter of credit is not renewed or replaced at least dririy (30) business days prior to its expiration date, (`Termination Fee letter of Credit"); (b) a bond, issued by a financially sound Company and in a form and substance acceptable to FPL, CTernantion Fee Bond"k or (c) a cash collateral deposit with FPL ( Termination fm Cash Collateral") (any of( a ), (bb or(c), Ihe'Tertnination Security") 10.12 The specific security instrument selected by The QS for purposes of this Contract is: ( )Termination Fee l.euerof(hedit ( ) Termination Fee Bond ( ) Termination Fee Cash Collateral 10.1.3 FPL shall have The right to monitor the financial condition of (i) Oro issuer of a Termination Foe Letter of Credit in the case of any Termination Fee Letter of Credit and (ii) The instua(s), in the ease of any Termination Fee Bond. In the event the issuer of o Termination Fee Letter of Credit is no longer a Qualified Ismer or Ore issuer ore Termination Fee Bond is no longer financially sound, FPL may require the QS to replace the Termination Fee Letter of Credit or the Termination Fee Bond, as applicable. In the event That FPL notifies the QS That it regtures:such a repbccmcat, The replacement Termination Fee Letter of Credit or Termination Fee Bond, as applicable, must be issued by a QualiGed.issoer or financially sound company within tea (10) business days following such notification. Failure by the QS to comply with the requirements of this Section 10.1.2 Fhail be grounds for FPI. to draw in till on any existing Termination Fee I,Cer of Credit or Termination Fee Bond and to exercise any other remedies it may have hereunder. (Continued on Sbect No. 9A39) Issued by: S. E. Romig, Director, Rates and Tadfrs Effective: September 13, 2016 -16- r.3-3A