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ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 11 (Continued from Sheet No. 9.032.1) Sate of Energy and Capacity by the QS Eighth Revised Sheet No. 9.033 .ancels Seventh Sheet Na 9.033 4.1 Consistent with the tcmis hereof, the QS shall sell and deliver to FPL and FPI, shall purchase and receive from the QS at the Delivery Pond (defined below) all of thc energy and firth capacity generated by the Facility. FPL shall have the sole and crchmive tight to purchase all energy and capacity produced by the Facility. The purchase and sale of energy and firm capacity pursuant to this Contract shall be a( ) net billing arrangement or ( ) simultaneous purchase and sale arrangement; provided, however, tat no such arrangement shall cause the QS to sell more energy and firm capacity than the Facility's net output. The billing methodology may be changed at the option of the QS, Subject to the provisions cf FPL Rate Schedule QS -2. For purposes of thus Contract, Delivery Point shall be defined as either: (a) the point of interconnection between M.'s system and the tran_ertission sy,tem of the final utility transmitting energy and firm capacity from the Facility to the FPL system, as specifically described in Ute applicable Wheeling Agiventent, or (b) the point of interconnection between the Facility and PPI: s transmission system, as specifically described in the Interconnection Agreement. 4.2 The QS shall not rely on interruptible standby service for the start up requirements (initial or otherwise) of Ute Facility. 4.3 The QS shall be responsible for all costs, charges and penalties associated with development and operation of thc Facility. 4.4 The QS shall be responsible for all intercomtcchon, electric losses, trap mission and ancillary service offi c7nents and costs required to deliver, on a fimr basis, the firm capacity and energy from the Facility to the Delivery Point. S. Committed Capacity/Capacity Delh-cry Date 5.1 The QS commits to sell and deliver firm capacity to FPI, it the Delivery Point, the amount of which shall be determined in accordance with this Section 5 (Ute "Committed Capacity'). Subject to Section 5.3 the Committed Capacity shall be KW, delivery date no later than the in-sery ioe date of the Avoided Unit or as othmvise specified in Appendix E (the "Guaranteed Capacity Delivery Date"). 5.2 Testing of the capacity of the Facility (each such test, a "Committed Capacity Tcst') doll be performed in accordance with tlx: procedures set forth in Section 6. The Dctmn.*ation Period (defined herein) for the first Committed Capacity Test shall commence no earlier than six (6) months prior to the Capacity Delivery Date and testing must be completed by 11:59 p.m. on the date prior to the Guaranteed Delivery Date. The first Committed Capacity Test shall be deemed successfully completed when the QS demonstrates to FPL's satisfaction that the Facility can make available capacity of at least one hundred percent (100%) of the Committed Capacity set forth in Section 5.1. Subject to Section 6. 1, the QS may schedule and perform up to three (3) Crntunitted Capacity Tests to satisfy the capacity requirements of the Contract. 5.3 FPL shall have the right to require the QS, by notice no less than ten (10) business drys prior to such proposed test, to validate the Committed Capacity of the Facility by means of subsequent Committed Capacity Tests as follows: (a) once per each Summer period and once per each'"Inter period at FPL's We discretion,(b) at any time the QS is unable to comply with any material obligation under this Contract for a period of thirty (30) days or more in the aggregate as a consequence of an event of Force Majeure, and (c) at any time the QS fails in three consecutive months to achieve an Annual Capacity Billing Factor, as defined in Appendix B (.the "ACBE"), equal to or (,neater Ulan70%. The results of any such test shall be provided to FPL within seven (7) days of the conclusion of such test. On and after die date of such requested Comanitted Capacity Test, and until the completion of a subsequent Committed Capacity Test, the Comanitted Capacity shall be deemed as the lower of the tested capacity or the Committed Capacity asset forth in section 5.1. 5.4 Notwithstanding anything to the contrary herein, the Committed Capacity shall not exceed the amount set forth in Section 5.1 without the prior written consent of FPL, such consent not unreasonably withheld. 5.5 The "Capacity Delivery Date" shall be defined as the first calendar day immediately following Ute date of die pacility's successful completion of the first Committed Capacity Test but no earlier than the commencement date for deliveries of firm capacity and energy (as such is specified in Appendix E), 5.6 The QS shall be entitled to receive capacity payments beginning on the Capacity Delivery Date, provided, the Capacity Delivery Date occurs on or before the imsenice date of the Avoided Unit (or such later date permitted by FPL pursuant to the following sentence). If the Capacity Delivery Date does not occur on or before the Guaranteed Capacity Delivery Date, FPL stall be entitled to the Completion/Performance Security (asset forth in Section 9) in full, and in addition, has the right but not die obligation to, allow the QS up to an additional five (5) months to achieve the Capacity Delivery Date, if the QS fails to achieve the Capacity Delivery Date either by (a) the Guaranteed Delivery Date or (b) such later date as permitted by FPL, FPL shall have no obligation to make any capacity payments under this Contract and FPL will he parnitted to terminate this Contract, consistent with the tents herein, without further obligations, duties or liability to the QS. (Continued on Shat No. 9.034) Issued by- S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 IM