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ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 16 First Revised Sheet Na 9.038 FLORIDA PONWR & TIGHT COMPANY Cancels Original Sheet No. 9.038 (Continued from S7ta t No. 9.037) 9.7 In lieu of any interest, dividends or other amounts paid or deemed to have been paid with respect to Cash Collateral held by Fill. (all orwhich may be retained by FPL), Fill.. will transfer to the QS on a monthly bases the Interest Amount, as calculalcd by FPL. "Interest Amount" rrteanrs, with respect to each monfidy period, the aggregate sum of the amounts of interest calculated for each day in that monthly period on the principal amount of Cash Collateral held by FPL on that day, determined by FPL for each such day as follows: (x) the amount of that Cash Collateral on that day, multiplied by (y) the Interest Rate in effect for that day, divided by (z) 360. "Interest Rate" means: the Federal Funds Overnight rate as from time to time in effect. "Federal Funds Overnight Rate" means, for the relevant determination date, the rate opposite the caption "Federal Funds (Effective)" as set forth for that day in the weeMy statistical release designated as 11.15 (519), or any successor publication, published by the Board of Goverors of the Federal Reserve System. If on the determination dale such rate is not yet published in 11.15 (519), the rate for that date Hill be the rate set in Composite 3:30 P.M. Quotations for U.S. Government Securities for that day under the caption "Federal Funds/Effective Rate." if on the determination dale such rate is not yet published in either H.15 (519) or Composite 3:30 P.M. Quotations for U.S. Government Securities, the rate for that date will be determined as if the Parties had specified "USD -Federal Funds -Reference Dealers" as Otc applicable rate. 10. Termination Fee 10.1 In lite event that the QS receives capacity payments pursuant to Option B, Option C, Option D or Option E (as such options are defined in Appendix A and elected by the QS in Appendix E) or receives energy payments; pursuant to the Fired Firm Energy Payment Option (as such option is defined in Appendix A and elected by the QS in Appendix E) then, upon the termanation of this Contract, the QS shall owe and he liable to FPh for a termination fee calculated in accordance with Appendix C (the `Termination Fee"). The QS's obligation to pay the Termination Fee shall survive the termination or this Contract. Fi'L shall provide the QS, on a monthly tmsis, a calculation oftheTermination Fee. 10.1.1 The Termination Fee shall be secured (with the exception of govrommental solid waste Facilities covered by FISC Rule 25-17.091 in which case the QS may use an unsecured written commitmtent or promise to pay, in a form reasonably acceptable to FPL, by the local government which owns die Facility or on whose behalf the QS operates the Facility, to secure its obligation to pay the Tenrdration Fee) by the QS by. (a) an unconditional, irrevocable, staWtiyletter(s) of credit issued by Qualified Issuer in form and substance acceptable to FPL (including provisions (a) permitting partial and full draws and (b) pentutting FPL to draw upon such letter of credit, in full, ifsuch letter of credit is not renewed or replaced at least thirty (30) husiness days prior to its expiration date, (Tcrmimtion Fee lxncr of Credit'); (h) a bond, issued by a financially sound Company and in a form and substance acceptable to FPI., (`"Termination Fee Bond'); or (c) a casts collateral deposit with FPL eTermination Fee Cash Collateral') (any of( a) (b), or (c), the `Termination Security). 10.1.2 The specific scxurityinstnunent selected by the QS for purposes of this Contract is: ( ) Termination Fee Letter of Credit ( )Termination Fee Bond ( ) Termination Fee Cash Collateral 10.1.3 FPI, shall have the right to monitor the financial condition of (i) the issuer of a Tenrunation Fee letter of Credit in the case of any Tcrinination Fee Letter of Credit and (ii) the insurer(s), in the case of any Termination Fee Bond. In the event the issuer of a Termination Fee Letter of Credit is no longer a Qualified Issuer or the issuer of a Termination Fee Band is no longer financially sound. FPL may require the QS to replace the Termination Fee Letter of Credit or the Termination Fee Bond, as applicable. in the event that FPL notifies the QS that it requires such a replacement, the replacement Temmination Fee Letter of Credit or Termination Fee Bond as applicable, must Ire issued by a Qualified Issuer or financially sound company widun ten (10) business days following such notification Failure by the QS to comply with the requirements of this Section 10.1.2 shall be grounds for FPI, to draw in fiill on any existing Termination Fee Letter of Credit or Termination Fee Bond and to exercise am' other remedies it may have hereunder. (Continued on Sheet No. 9.039) Issued by: & E Romig, Director, Kates and Tariffs Effective: September 13, 2016