07/11/2017 - Laserfiche WebLink

Home Browse Search

Docket No. 170077 -EQ Date: June 29, 2017 Attachment A Page 12 of 42 First Revised Sheet No. 9.039 FLORIDA POWER & LIGHT COMPANY Cancels Original Sheet No. 9.039 (Continued from Sheet No. 9.038) 10.1.4 After the close of each calendar quarter (lvlatch 31, June 30, September 30, and December it) occw ing subsequent to the Capacity Delivery Date, the QS shall provide to FPL within tea (10) business days of the close of such calendar quarter wilt written assurance and documentation (the "Security Documrnlation" , in form and substance acceptable to FPL, that the amount of the most recently provided Termination Security is suliicienl to cover the balance of the Termination Fee. In addition to the foregoing, at any time during the tam of this Contract, FPL shall have the right to request, and the QS stall be obligated to deliver within five (5) business days of such request, such Security Documentation. Failure by the QS to comply with the requirements of this Section 10.1.3 shall be grounds for FPL to draw in fall on any existing Temtination Fee Letter of Credit or Termination Fee Bond or to retain any Termination Fee Cash Collateral, and to exercise any other remedies it may have hereunder to be applied against any Torntiration Fee that may be due and owing to FPL or that may in the future be due and owing to FPL: 10.1.5 Upon any termination of this Contract following the Capacity Delivery Dow, FPL shall be entitled to receive (and in the cage of the Termination Fee Letter of Credit or Termination Fee Bond, draw upon such Termination Fee Letter of Credit or Termination Fee Bond) and retain,one- hundred percent (100%) of the Termination Security to be applied against any Termination Fee that may be due and owing to FPL or that any in the future be due and owing to FFL. FPL will transfer to die QS any proceeds and Termination Security remaining after liquidation, set-off and/or application under this Article after satisfaction in full of all amounts payable by the QS with respect to any Termination Fa or other obligations due to FPI4 One QS in all events will remain liable for any amounts remaining unpaid atter any liquidation, set-offand/or application under this; Article. 102 The QS, as the Pledgor of the Termination Security, hereby pledges to FPL, as the secured Party, as security for the Termination Fee. and grants to FPL a fast priority continuing security interest in, lien on and right of se4offagainst all Termination Security transrerred to or reoeived by FPL he mmder. Upon the transferor return by FPL to the QS of Termination Security, the security interest and lien granted hereunder on that Termination Security will be released immediately and, to flue extent possible, without any further action by either party. 10.3 In lieu of any interest, dividends or other amounts paid or deemed to hove been paid with respect to Tamination Fee Cash Collateral held by FPL (all of which may be retained by FPL). FPL wit transfer to the QS on a monthly basis One Interest Amount, Pursuant to Section 9.7. It. Performance Factor FPL dosims to provide an inocntive to the QS to operate the Facility during on peek and off-peak periods in a rnanncr which approximates the projected performance of FPVb Avoided dull A formula to achieve this objective is ausehed as Appendix B. (Continued on Shed No. 9.040) Issued by: & E. Romig, Director, Rates and Tariffs Effective: September 13,2016 -17- 13-33