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ORDER NO. PSC -2017 -0336 -PAA -EQ DOCKET NO. 20170072 -EQ PAGE 44 Attachment A drat, DUKE ENERGY. 20. General Provisions 20.1 Project Viability SECTION No. IX ThIRDfOURTH REVISED SHEET NO. 9.435 CANCELS SECOND-THIRD REVISED SHEET NO. 9.435 To assist DEF in assessing the RF/QF's financial and technical viability, the RF/QF shall provide the information and documents requested in Appendix C or substantially similar documents, to the extent the documents apply to the type of Facility covered by this Contract and to the extent the documents are available. All documents to be considered by DEF must be submitted at the time this Contract is presented to DEF. Failure to provide the following such documents may result in a determination of non -viability by DEF. 20.2 Permits The RF/QF hereby agrees to obtain and maintain any and all permits, certifications, licenses, consents or approvals of anygovernmental authority which the RF/QF is required to obtain as a prerequisite to engaging in the activities specified in this Contract. 20.3 Project Management If requested by DEF, the RF/QF shall submit to DEF its integrated project schedule for DEF's review within sixty (60) calendar days from the execution of this Contract, and a start-up and test schedule for the Facility at least sixty (60) calendar days prior to start-up and testing of the Facility. These schedules shall identify key licensing, permitting, construction and operating milestone dates and activities. rr reguocted by DEFT -Tthe RF/QF shall submit 'monthly progress reports in a form satisfactory to DEF within fifteen (15) calendar days after the close of each month from the first month following the Effective Date until the Capacity Delivery Date. The RF/OF Delivery -Date -and shall notify DEF of any changes in such schedules within ten (10) calendar days after such changes are determined. If for any reason, DEF has reason to believe that RF/OF may fail to achieve the Capacity Delivery Date, then, upon DEF's request, RF/OF shall submit to DEF, within ten (10) business days of' such request. a remedial action plan ("Remedial Action Plan") that sets forth a detailed description of RF/OF's proposed course of action to promptly achieve the Capacity Delivery Date. Delivery of a Remedial Action Plan does not relieve RF/OF of its obligation to the Capacity Delivery Date. DEF shall have the right to monitor the construction, start-up and testing of the Facility, either on-site or off-site. DEF's technical review and inspections of the Facility and resulting requests, if any, shall not be construed as endorsing the design thereof or as any warranty as to the safety, durability or reliability of the Facility. ISSUED BY: Javier Portuondo, Director, Rates 8 Regutatory Strategy • FL 1 EFFECTIVE: Apd429,2013