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Docket No. 170077 -EQ Date: June 29, 2017 FLORIDA POWER & LICHT COMPANY (Continued from Sheet No. 9.042) First Revised Sheet No. 9.043 Caneels Original Sheet No. 9.043 Attachment A Page 16 of 42 16.1 Except as otherwise provided in this Contract, each party shall be excused from performance when its nonperformance was caused, directly or indirectly by an event of Fomc Majeure 162 In the event of any delay or nonperformance resulting from an event of Force Majeure, the party claiming Force Majeure shall notify the other party in writing within two (2) business days of the occurrence of the event of Fora Majeure, of the nature, cause, date of commencement thereof and the anticipated extent of such delay, and shall indicate whether any deadlines or date(s), imposed hereunder may be affaxed thereby. The suspension of performance shall be of no greater stupe and of no greater duration than the cure for the Force Majeure requires A party claiming Force Majem shall not be entitled to any relief therefore unless and until conforming notice is provided The party claiming Force Majeure shall notify the other party of the cessation of the event of Force Majeure or of the conclusion of the affected party's cure for the event of Force (Majeure, in either case within two (2) business days thereof. 16.3 The patty claiming Force Majeure shall use its best efforts to atte the cause(s) preventing its performance of this Contract; provided, however, the settlement of strikes, lockouts and other labor disputes shall be entirely within the discretion of the affected party, and sack party shall not be required to settle such strikes, lockouts or other labor disputes by acceding to demands which stub party deems to be unfavorable. 16A if the tj.5 suffers an occurrence of an event of Fora Majeure that reduces the generating capability of the Facility below the Conu itted Capacity, the QS may, upon notice to FPL, temporarily adjust the Commipad Capacity as provided in Sections 16.5 and 16.6. Such adjustment shall be effective the first calendar day immediately following FPL's receipt of the notice or such later date as may be specified by the QS. Furthermore, such adjustment shall be the minimum amount necessitated by the event of Fora Majeure. 16.5 If the Facility is rendered completely imperative as a result of Fora Majeure, the QS shall temporarily set the Committed Capacity equal to 0 KW until such time as the Facility can partially or fully operate at the Committed Capacity that erastodlaior to the Force Msje m If the Committal Capacity is 0 KW, FPL shall have no obligation to make capacity payments hereumda. 16.61f, at any time during the occurrence of an event of Force Majeure or during its cure, On Facility can partially or fully operate, Ohm the QS shall temporarily set the Committed Capacity at the meifimurn capability.that the Facility can reasonably be otpected to operate - 16:7 Upon the cessation of the event of Force Majeure or the conclusion of the cure for the event of Force Maje M The Committed Capacity shall be restored to the Conunitted Capacity that existed immediately prior to the Fora Majeure. Notwithstanding any other prevision of this Contract, upon such cassation or cure, FPL shall have the right to require a Committal Capacity Test to demonstrate the Facility's compliance with the requirements of this section 16.7. Any Committed capacity Test required by FPL under this Section shall be additional to any Committed Capacity Test under Section S.3. 16.9 During the occurrence of an Ment of Force Majeure and a reduction in Committed Capacity under Section 16.4, all Monthly Capacity Payments shall reflect, pro rata, the reduction in Committed Capacity, and the Monthly Capacity payments will continue to be calculated in accordance with the payfor-petifbnmance provisions in Appendix B. 16.9 The QS agrees to be responsible for and pay the costs necessary to reactivate the Facility and/or the interconnedion with FPL`s system if the some is (arc) tendered inoperable due to actions of the QS, its agents, or Force Majeue events affecting the QS, the Facility or ate interconnection with FPL. FPL agrees to reactivate, at its own cost, the interconnection with the Facility in circumstances where any interruptions to such interconnections are caused by FPL or its agents 17. Representations, Warranties, and Covenants of QS The QS represents amt warrants that as of the Effective Date and for the tent of this Contract: 17.1 Organization, Standing and Qualification The QS is a (corporation, partnership. or other, as applicable) duly organized and validly existing in good standing under the laws of and has all necessary power and authority to. carry on its business as presently conducted, to own or hold under lase its properties end to enter into and perform its ob6gations.under this Contract and all other related documents and agreements to which it is or shall be a Party. The QS is duly qualified or licensed to do business in the State of Florida and in all other jurisdictions wherein the mature of its business and operations or the character of the properties owned or lensed by it makes such qualification or licensing necessary and where the failure to be so qualified or licensed would impair its ability to perform its obligations under this Contract or would result in a materiel liability to or would have a material adverse elicit on FPL. (Continued on Sheet No. 9.044) Issued by: S. I- Romig, Director, Rates and Tariffs Effective: August 18, 2009 -21- l3-;e-7