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ORDER NO. PSC -2017 -0278 -PAA -EQ • DOCKET NO. 20170077 -EQ PAGE 25 0 ATTACHMENT A First Revised Sheet No, 9.047 FLORIDA POWER & UGHTCOWANY Catrcels Original Sheet' o.9.Od7 (Contmud form Shat No. 9.0(6) 18.9. WaiverofJusy1riel. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS CONTRACT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT A PARTY MAY HAVE TO A TRW. BY JURY IN RESPECT OF ANY LITIGATION RESULTING FROM. ARISING OUT OF OR REIA77NO TO THIS CONTRACTOR THE TRANSACTIONS CONii7,1PiATED IIERrJ)Y. EACH PARTY CIiRTGOrS AND ACKNOWLEDGES THAT (a) NO REPRESENTATIVE, AGENT OR A770RNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION. SEEK TO ENFORCE THE FOREGOING WAIVER. (b) EACH PARTY UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (c) EACH PARTY MAKES THIS WAIVER VOLUNTARILY AND (d) EACH PARTY HAS BEEN REDUCED TO ENTER INTO THIS CONTRACT BY. AMONG 011MR THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 18.9 18.10 Twution In the exert Out FPL heatos liable fa additional twos, including Instant and/or Pemities arising fiom an Internal Revenue Services detanmmtian, through audio, nding as, oUanomority. Oma FPL': terminate to the QS farcipacity uderOpliaa B, C. D. E or fa eragy pim ion in the Ford Firm Scantly Poymmi Option D me not fully dedoctr'ble when paid (additional his liability), FPL may bill the QS nmaOdy for the mat, mcludiag wtyittg chage& ween amdA t penalties, associated with the fel Ord ail ora portion of ates, capacity payrnmsmecatm UyddMdbleforftdrdand/or BeteiaometwePIVa FPL.ditSOPtiMrayoffsetthroecowageingamount da the QS haemda. These coal %wind be cakulatd w s to plane FFL in t e mar economic positionin whdeh it would hawbcm ift e entire capacity payments bad been dedacble in the period in width the payments wase made. ITFPL decides to appeal One Internal Revenue Services detmvinetion. the decision as to whether the appeal should be made though the administrative orjad tial pmomssor both, end all subsequent dmidons partaking m Or appal (both mD9maive and procedural), shall mss exclusively with FPL 18.11 Savembility, Ifmy part of this Contrao, far my rewn is declared invalid. or ucrcrdorcenble by a public authority ofappropriate jmidiction, .than such decision shall int olfeet the validity of the mememAcof the Contreet, which remabnder shall remain in to=and enect a if Oda Cosmid had been ezmutsl without the invalid car uncadu cenble portion. 19.12 Complete Agreement mel Amercmtens NI peviousmnmmrtimtiore or egrtmms bea ecu the Panics, wtretha vaW or writtem, with refama an the wbjed mater of this Connect we hereby abwswici No amendment ormodification to Oris Contrecl:ball be binding unless it shall be set forth in wining and duly esautd by both parties. This Contact mnstimtet the mtireggeanan be0vvnthe Parties _ 18.13 Survival ofContmat Thr ContmM, as R ray be emended form ame to timeo be badiog upon and sure e, the- fit of, the Ponies' mpeetive wcasmrrm-interest and legal mepmastmative4 18.14 Record Retention The QS epees an resin fa a peril of 6ve(I) years Rom she dee of wndativn haatall eaasds ¢sting to the performance of is obligations bemnmda, and to mrxall QS Entities to retain fa the same period o8 such record& 18.151,10waiver No xxiver of any of the tem and conditions of this Contract shall be etfative unles in writtog and signed by the Pansy opinst whom such waives is sought to be anfotwd. Any vvelourofthe tans hamfshall be elfadw only in the specific lawmen and for The spectra Pepto: gime. The fnilurcoft, Pony to ivsK in any istmta, on the strict performance ofmrycritic tam and conditions invest dull cat be construed naso salver orsahParty's right in Ott, future to men on such strict perfomrmae. (Continued on ShalNo. 9.078) Issued by: S E. Romig, Director, Rates and Tariffs Effective: September 13,2016