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Docket No. 170077 -EQ
<br />Date: June 29, 2017
<br />Second Revised Sheet No, 9.044
<br />FLORIDA POWER & LIGHT COMPANY Cancels First Sheet No. 9.044
<br />Attachment A
<br />Page 17 of 42
<br />(Continued from Sheet No. 9.043)
<br />173 Due Authorization, No Approvals, No Defaults, etc.
<br />Each of me execution delivery and performance by the QS of this Contract has been duly authorized by all nvA=;a� ry action on the
<br />part of the QS, does rot require any approval, except as has been heretofore obtained, of the (shareholders,
<br />partners, or others, as applicable) of Ike QS or any consent of or approval from any trustee, lessor or holder of any in&btedaess or other
<br />obligation of the QS, except for such as have been duly obtained, and. does not contravene or continue a default under any Iaw, the
<br />(articles of incorporation, bylaws, or other as applicable) of the QS, or any agreement, judgment, injunction, order,
<br />decree or other instrument binding upon the QS, or subject the Facility or any component part thereof to any hen other Urmi as contemplated
<br />or permitted by this Contract. Ibis Contract constitutes QS's legal, valid and binding obligation, enforceable against it in accordance with
<br />On Leans hereat; except as such enforceability may be limited by applicable bankruptcy laws from time to time in effeet that affect creditors'
<br />rights generally or by general principles of equity (regardless of whedter such enforcement is considered in equity or at law}
<br />17.3 Compliance with Laws
<br />The QS has knowledge of all laws and business practices that mast be Mowed in performing its obligations trader this Contract
<br />The QS is in compliance with all laws, except to the Matt that failure to comply di=wM would not, in.the.aggregate, have a material
<br />adverse effed on die QS or FPL.
<br />17.4 Governmental Approvals
<br />Except as expressly contemplated herein, neither the execution and delivery by die QS of thus Contract, nor the consummation by
<br />Ute QS of any of the transactions contemplated thereby, requires the consent or approval of, the giving of notice to, the registration with, the
<br />recording or fding crony document with, or the laking of any ower action in respect of governmental authority, except in respect of permits
<br />(a) which have already been obtained and are in full force and effect or (b) are not yet required (and with respect to which the QS has no
<br />reason to believe that the sane will not be readily obtainable in the ordinary course of business upon due application therefore}
<br />17.5 No Suits, proceedings
<br />There we no actions, suits, proceedings or investigations pending or, to the knowledge of me QS, threatened against it at law or in
<br />equity before any court or tribunal of the United States or any other jurisdiction which individually or in the aggregate could result is any
<br />materially adverse effect on the QS's business, properties; or assets or its condition, financial or otherwise, or in any impairment of its ability
<br />to perform its obligations under this Contract The QS has no knowledge of a violation or default with respect to any law which could result
<br />in any such materially adverse effect or impairment The QS is not in breach of, in default under, or in violation of, any applicable Low. or
<br />the provisions of any authorization, or in breach of, in default under, or in violation of, or in conflict with any provision of any promidsory
<br />note, indenture or any evidence of indebtedness or security therefore, lease, contract, or odu r agreement by winch it is bound, except for any
<br />such breaches, defaults, violations or conflicts which, individually;or in me aggregate, could not reasonably be expected to have a material
<br />adverse effect on the business or financial condition of Bayer or its ability to perform its obligation bereu niter.
<br />17.6 Environmental Matters
<br />17.6.1 QS Representations
<br />To the best of its knowledge after diiigent_inquiry, the QS Mows of no (a) existing violations of any environmental laws at the
<br />Facility, including those governing !hazardous materials or (b) pending, ongoing, or unresolved administrative or enforecmcmt investigations,
<br />compliance orders, claims, demands, actions, or other litigation brought by governmental authorities or ower thud parties alleging violations
<br />of any environmental law or permit which would materially and adversely affect the operation of the Facility as contemplated by this
<br />Contract
<br />17.6.2 Ownership and Offerring For Sale Of Renewable Energy Attributes
<br />Ile QS retain any and all rights to own and to sell any, and all environmental attributes associated with the electric generation of
<br />the Facility, including but not limited to, any and all renewable energy certificates, "green lags" oruther tradable envitomnenlal interests
<br />(collectively "RMI), of any description.
<br />(Continued on Sheet No. 9.045)
<br />Issued by: S. E. Romig, Director, Rates and Tariffs
<br />Effective: August 18, 2009
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