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ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 17 First Revised Sheet No. 9.039 FLORIDA POWER & IJGHT COMPANY Cancels Original Sheet No. 9.039 (Continued from Sheet No. 9.038) 10.1.4 After the close of each calendar quarter (March 31, June 30, September 30, and December 31) occurring subsequent to the Capacity Delivery Date, the QS shall provide to FPI. within ten (10) business days of the close of such calendar quarter with written assurance and documentation (the "Security Documentation'), in form and substance acceptable to PPL, that the amount of the most recently provided Termination Security is sufficient to cover the balance of the Tern ination Fee. In addition to the foregoing, at any firm during the tens of this Contract, FPL shall have the right to request, and the QS shall be obligated to deliver within five (5) business days of such request, such Security Documentation. Failure by the QS to comply with die requirements of this Section 10.1.3 shall be grounds for FPL to draw in full on any existing Tern ination Fee Letter of Credit or Termination Fee Bond or to retain any Termination Pee Cash Collateral, and to exercise any other remedies it may have hereunder to be applied against any Termination Fee that may be due and owing to FPL or that may in the future be due and owing to FPL. 10.1.5 Upon any tcmrination of this Contract following the Capacity Dclivcry Date, FPI. shall be entitled to rcecivc (and in the case of the Tennrination Fee Letter of Credit or Temnnation Fee Bond, draw upon such Tennination Fee letter of Credit or Termination Fa: Bond) and retain one. hundred percent (100%) of the Tenrination Security to be applied against any Tcrrnination Fcc that may be due and owing to FPL or that may in the finhue be due and owing to FPL. FPi. will transfer to the QS any proceeds and Termination Security remaining after liquidation, set-off and/or application under this Article after satisfaction in full of all amounts payable by the QS with respect to any Termination Fee or other obligations due to FPL; the QS in all events will remain liable for any amounts remaining unpaid after any liquidation, set-off and/or application under this Article. 10.2 The QS, as the Pledgor of the Termination Security, hereby pledges to FPL, as the secured Party, as security for the Teniriimtion Fee, and grants to FPL a first priority continuing security interest in lien on and right of set-offagainst all Temrination Security transferred to or received by FPi, hereunder. Upon the transfer or rctum by FPL to the QS of Termination Sccurity, the security interest and lien granted hereunder on tat Tcmtination Scarily will be rcicascd mnunalial ly and, to die extent possible, without any further action by either party. 10.3 in lieu of any interest, dividend, or other amounts paid or deemed to have been paid with respect to Terrmnation Fee Cash Collateral held by FPI. fall of which may be retained by FPL), FPh will transfer to the QS on a monthly basis the interest Amount, Pursuant to Section 9.7. 11. Performance Factor FPL desires to provide an incentive to the QS to operate the Facility during on -peak and off-peak periods in a namner which approximates the projected performance of F'PL's Avoided Unfit. A fomada to ucbieve this objective is attached as Appendix B. (Continued on Shead No, 9.040) Issued by: S. E. Romig, Director, Rates and Tariff's Effective: September 13, 2014