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ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 18 Fourth Revised Sheet No. 9.040 FI ORIDA POWER & LIGHT COMPANY Cancels Third Revised Sheet No. 9.040 (Contutued from Sheet No. 9.039) 12. Dcfauilt Notv%ithstandung the occurrence of any Force Majeure as described in Section 16, each of the fbIIc Mj>.q shall constitute an Event of Default: 12.1'11= QS fails to meet the applicable requirements spteifiedin Section i ofthic Contact.; 12.2 The QS changes or modifies the Facility from Drat provided in Section 1 with respect to its type, location, technology or fuel source, without prior written approval from FPI-,, 12.3 Aller the Capacity Delivery Date, the Facility fails, for twelve (12) consecutive months, to maintain an Annual Capacity Billing Factor, as described in Appendix R, ofat least 7045.; 12.41'hc QS fails to comply wi0t any of die provisions of Section 9.0 hereof (CompletiordPerfomrdnec Security). 12.3 The QS fails to comply with any oftlte provision of Section 10.0 hercof(rennination Security).. 12.6 The QS ceases the conduct of active business; or if proceedings under the federal bankruptcy law or insolvency laws shall be instituted by or for or against the QS or if a receiver shall be appointed for the QS or any of its assets or properties; or if arty part of the QS's assets shall be attached, levied upon, encumbered, pledged, scrod or taken under any judicial process, and such proceedings shall not be vacated or fully stayed within 30 days thereof; or if the QS shall make an assignment for the benefit of creditors, or adinit in whiting its inability to pay its debts as they Neon-. due. 12.7'lie QS fails to give proper assurance acceptable to FPL of adequate perforniiince as specified tinder this Contract within 30 days after FPL, with reasonable grotuids for insecurity, has requested in writing such assurance-. 12.8 The QS materially fails to perforin as specified under this Contract, including, but not liirnited to, the QS's oblirdtions raider any part of Section R, and I R. 12.9 The QS fails to achieve the pertnitting, licensing, certification, and all federal, state and local governmental envirorunental and licensing approvals required to initiate comtniction of the Facility by no later than one year prior to Guaranteed Capacity Date. 12.10 The QS fails to comply with any of the provisions of Section 18.3 hereof (Project Management). 12.11 Any of the representations or warranties made by the QS in this Contract is false or inisleading in any material respect, 12.12 The occurrence of an event of default by the QS under die Interconnection Agreement or any applicable Wheeling Agreement; 12.13 The QS fails to satisfy its obligation under Section 18.14 hercof (Assignment). 12.14 'flre QS fails to deliver to FPL in accordance with this Contract any energy or firm capacity required to be delivered hereunder or the delivery or sale of any such energy and firm capacityto an entity other than FPi.. 12. 15 'Me QS fails to perform any material covenant or obligation umber Iles Contract not specifically mentioned in this Section 12. 12.16 If at any time after the Capacity Delivery Date, the QS reduces the Committed Capacity due to an event of force Majeure and fails to repair the Facility and reset the Connnitted Capacity to die level set forth in Section 53 (as such level may be reduced by Section .5.3) within twelve (12) months following the occurrence of such event of Forcc Majeure. (Continued on Sheet No. 9.041) Issued by- S. E Romig, Director, Rates and Tariffs Effective: September 13, 2016 9�