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ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE 21 FLORIDA POWER& IdCRT COMPANY (Combrud term Shea No, 9.072) ATTACHMENT A First Revised sheet No. 9.043 CAutels OAgioal She" Na 9A47 16.1 Except a otherwise provided in this Commack each party shell be around form performance when its ran filar aae was caused, dreedy or indirectly by amevml ofFmooMajcue 162 in the evemofany delay a nonperformance resulting from aneventafForte Majeure, theparty claiming Face Maja eshall entity the other parry in writing within two (2) bosirmses dsys of the ammeene of the event of Forte Majeure, of the mama cause, dere of commmeamul thaeofend the mti ipetd mount ofsxh delay, and shall indicate whether any dedlimesordate(sL imposed hereunder my be affected thereby. The suspension of performance shall be of ne grater scope and of an greater duration than the ere for the Fax Majuuerequbes A tatty claiming Force Majors: shall net be entitled to my relidtherefommless and until conforming entire is presided. The party dancing Force Majeure shall notify the other pasty of the cessation of the event of Face NWame or of the coenlusia a of the affected parry's curt fa the event of Fane Mgjmre, in either cauce within two (2) business do" thereof. 16.7 The party clamaing Force Majaue shall me, its hat efforts to cure ms camec(s) preventing its performeene of this Contacq provided. however, the settlement of sanious, lockouts and other labor disyma shall be antirety within the discretion of the affected perry, and such poly shall net be required to reale such strikes, loolmuts m all= labor disputes by acceding to demands which such pmlydmns to be tmfavomble. 16A If the QS sdfen e an occurrence of evert of FortNWeare thgenerating reduces the geating capability of the Facility below the Committed Capacity a in Soutiams 163 and 16.6. Such adjustment shall be effminv the first calendar mmareNotety following FPVsdiadpt of The notice or touch hter data a may be specified by the QS. Furthemore, such adjustment shell he the minimum amount rrcemistcd by the event of Fax Majeme. 165 If the Facility is rendered completely inoperative as a result of Fora Mnjeme, the QS shell temporarily cut the Committed Capacity equal to KW until such than a the Facility can partially orfally operat at the Committed Capacity dot existed print to she Force Mijaue Rahe Committed Capacity is 0KW, FPL shall We an obligation to make capacity paymntshemmda. 16.61f, at any time dmfng The ocaarenceofan event of Force Majeure orduring its cum, the Facility can partially or fully operas, than the QSshall tempoardy met the CmmndYed Capacity at themes man capability that am Facility can seasonably be expected to operate. 16.7 Upon the cessation of the event of Force Majeure or the conclusion of the cure for the event of Forte Majora, the Committed Capacity shad be restated to the Committed Capacity that existed mu,cdietdy prior to the Forx Mkio ne. Notwithstanding any other provision of this Contract, upon such eewation or cure, FPL shell have the right to require a Committed Capacity Test to demomminac the Facility's costmlim ea with the requirements of this section 16.7. Any Committed Capacity Test required by FPL under this Salm shall be additional to any Committed Capacity Test unda Section 5.7. 16.9 During the cocmrene of an event of Forte Majeum and a reduction in Committed Capacity under Station 16.4, all Monthly Capacity Payments doll reflect, pro rata the reduction in Contained Capacity, and the Monthly Cepxily Payments will eontmx to be calculated in accordance with the pay-far-perfmmmue provisions in Appendix B. 16.9 The QS agrees m be responsible for and pay the ears necessary to renctivas the Facility anNor the interconnection with FPL -s system if the —a is (art) redact impaeble due to actioa of die QS, its agants, or Forte Mejexe events affe ins the QS, the Facility or the intarcomotion with FPL. FFL agrees m reectivara a its own art, the imacormxtion with ger Facility in cac mstmces where my interruption to such interconnections am cmaedby FPL a is egenta 17. Repraenurtsm, Warnrrtka and Covenants of QS The QS represents ad womena dant as of the Effective Data and for The inn of this Contract 17.1 Organvetioa Standing ad Qualification The QS is a (corporation, peMerdsip, or adar, a applicable) duly orlprat'vtd and validly existing in gad snowing under the taws of and ban all necessary power ad mahmityto carry a its bnsirmaa premNy connected. to own or hold and= lease in properties and to enter into and perfom in obligations oder Oda Concoct ed all other related documents and mgremtanh to which It is or shall be a Party. The QS is duly gua0fied or lieaned to do business in the Sus of Florida sal is all other jurisdictions wherein the mime of its business and operations or &a character of the properties owned or lead by it makes such qualification or licensing necessary and where the failure to be so qualified or Bowed would impair is ability to perform iter obligation under thisComamor would result in a material liability to orwould havea material adverse effect an FPL. (Cmimned m Shot No. 9.044) Issued by: S. E. Romfg, Director, Rohs and Tariffs Effee"ivee August l&2009 0