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Docket No. 170077 -EQ <br />Date: June 29, 2017 <br />FLORIDA POWER & LIGHT COMPANY <br />(CoinGnaed from Shed No. 9.039) <br />12: Default <br />Fourth Revised Sheet No. 9.040 <br />Cancels Third Revised Sheet No. 9.W 0 <br />Attachment A <br />Page 13 of 42 <br />Notwithstanding the occurrence of any Force Majeure as described in Section 16, each of the following shall constitute an Event of <br />Default <br />12.1 The QS fails to meet the applicable requirements specified in Section I of this Contract.; <br />12.2 The QS changes or modifies the Facility from that provided in Section 1 with respect to its type, location, technology or fuel <br />source; wilbout prior written approval from FPL.; <br />12.3 After the Capacity Delivery Date, the Facility fails, for twelve (12) consecutive months, to maintain an Annual Capacity <br />Hillmg Factor, as described in Appendix B. of at least 7096.; <br />12.4 The QS fails to comply with any of theprovisions of Section 9.0 hereot(CompletionflWonm nce Security). <br />12.5 The QS fails to comply with any of the provisions ofSection 10.0 hi roof (Teimination Security).; <br />12.6 The QS ceases the conduct of active business, or if proceedings under the federal ban)uuptcy Isv or insolvency laws shall be <br />instituted by or for or against the QS or if a receiver shall be appointed for the QS or any of its assets or properties; or if any <br />part of the QS's assets shall be attached, levied upon, encumbered, pledged, sazed or taken under any judicial pmce5s, and <br />such pr000ediags shall not be vacated or fully stayed within 30 days thereof; or if the QS shall mate an assignment for the <br />benefit of creditors, or admit in writing its inability to pay its debts as they become due. <br />12.7 The QS fails to give proper assurance acceptable to FPL of adequate performance as specified under this Contract within 30 <br />days after FPL, with reasonable grounds for insecurity, has requested in writing such"assumico-. <br />12.8 The QS materially fails to perform as specified under this Contract including, but not limited to, the QS's obligations under <br />any pan of Sections 8, and 18. <br />12.9 The QS fails to achieve the permitting, licensing; certification, and all federal, state and local governmental enviromnental and <br />licensing approvals required to initiate construction of theFarality by no later than onc)cdy prior to Guaranteed Capacity Date. <br />12.16 The QS fails to comply with any of the provisions of Section 18.3 hereof (project Management] <br />12.11 Any of the representations or warranties made by.the QS in this Contract is false ormisleading in any material respect <br />12.12 The occurrence of an event of default by the QS under the Interconnection Agreement or any applicable Wheeling <br />Agreement; <br />12.13 The QS fails to satisfy.its obligations undo Section 18.14 leeroof (Assignment). <br />12.14 The QS fails to deliver to FPL in mxronlance with this Contract any coergy or firm capacity required to be delivered <br />hereunder or the delivery or sale of any such energy and turn capacity to an entity other than FPL. <br />12.15 The QS fails to perform any material covenant or obligation under this Contract not specifically mentioned in this Section <br />12, <br />12.16 If at any time after the Capacity Delivery Date, the QS mduccs the Committed Capacity due to an event of Force Majeure <br />and fails to repair die Facility and reset One Committed Capacity to the level set forth in Section 5.1 (as such level may be <br />reduced by Section 5.3) within twelve (12) months following the occurrence of such event of Force Majeure. <br />(Continued on Shoot No. 9.041) <br />Issued by: S. & Rom'& Director, Rates and Tariffs <br />Effective: September 13, 2016 <br />