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ORDER NO. PSC -2018 -0085 -PAA -EQ DOCKET NO. 20170226 -EQ PAGE 21 First:ReAsed Sheet No. 9.043 FTARIDA PO1VVFR & LIGHT COMPANY Cancels Original Sheet No. 9.043 (C.ontimed from Sheet No. 9.042) 16.1 Except as otherwise provided in this Contact, each party shall be excused from performance when its nonperformance was caused, directly or indirectly by an event of Force Majeure. 16.2 In the event of any delay cc nonperformance resulting from on event of Force Majeure, the party claiming Force Majeure shall notify the other party in writing within two (2) business days of Ore occurrence of the event of Force Majeure, of the nature, cause, dale of commencement thereof and the anticipated extent of such delay, and shall indicate whether any deadlines or date(s), imposed hereunder may be affected thereby. The suspension of performance shall be of no greater scope and of no greater duration than the cure for the Force Majchuc requires. A party claiming Force Majeure shall net be entitled to any relief therefore unlcas and until conforming notice is provided. The party claiming Force Majeure shall notify the other party of the cessation of the event of Force Majeure or of the conclusion of the affected party's cure for the event of Force Majeure, in either case within two (2) business days. thereof. 16.3 The party claiming Force Majeure shall use its best efforts to etre the cause(s) preventirT its performance of this Contract; provided, however, the settlement of strikes, lockouts and other labor disputes shall be entirely within the discretion of the affected party, mrd such party shall not be required to settle such strikes, lockouts or other labor disputes by acceding to demands which such party deems to be unfavorable. 16.4 If the QS suffers all occurrence of an event of Force Majeure that reduces the generating capability of the Facility below the Committed Capacity, the QS may, upon notice to FPL, temporarily adjust The Committed Capacity as provided in Sections 16.5 and 16.6. Such adjustment shall be effective the first calendar day irmncthatcly following FPL's receipt of the notice or such later date as may be specified by the QS. Funtherhom, such adjustment shall be the mininmtm amount necessitated by the event of Force Majeure, 16.5 If the Facility is rendered compic1cly inoperative as a result of Force Majeure, file QS shall temporarily set the Committed Capacity equal to 0 KW until such time as the Facility can partially or filly operate at the Committed Capacity that existedprior to the Force Majeure. if the Committed Capacity is 0 KIN, FPL shall have no obligation to make capacity payments hereunder. 16.6 M at any time during the occurrence of an event of Force Majeure or during its cure, the Facility can partially or frilly operate, then the QS shall temporarily set the Committed Capacity at the maximuom capability that the Facility can reasonably be expected to operate. 16.7 Upon the cessation of the event of Force Majeure or the conclusion of the clue for the event of Force Majeure, the Committed Capacity shall be restored to the Cormnitted Capacity that existed immediately prior to Ute Force Majeure. Notwithstanding airy other provision of this Contract, upon such cessation or cure, FPL shall have the right to require a Corrn9lled Capacity Test to demonstrate the Facility's compliance with the requirements of This section 16.7. Any Contmillod Capacity'rest required by FPL under this Section shalt be additional to any Committed CapacityTcst under Section 5.3. 16.9 During the occurrence of an event of Force Majeurc and a reduction in Committed Capacity under Section 16.4, all Monthly Capacity Payments shall reflect, pro rata, the reduction in Committed Capacity, and the Monthly Capacity Payments will continue to be calculated in accordance with the lay-for-porfotmance provisions in Appendix B. 16.9 The QS agrees to be responsible for and pay the costs necessary to reactivate the Facility and/or the interconnection with FPL's system if die same is (are) rendered inoperable due to actions of the QS, its agents, or Force Majeure events affecting the QS, the Facility or the interconnection with FPL. FPL agrees to reactivate, at its ort cast the interconnection with the Facility in circuunstanees where any interruptions to such interconnections are caused by FPL or its agents. 17. Representations, Warranties, and Covenants of QS The QS represents and warrants that as ofthe Effective Date and for die tern of thus Contract 17.1 Organization, Standing and Qualification The QS is a (corporation, partnership, or other, as applicable) duly organized and validly existing in good standing under the laws of and has all neemsary power and authority to carry on its business as presently conducted, to own or hold under lease its properties and to cider into and perform its obligations under this Contract and all ether related documents- and agreements to which it is or shall be a Party. The QS is only qualified or licensed to do business in the State of Florida and in all other jurisdictions wherein the nature of its business and operations or the character of the properties owned or leased by it makes such qualification or licensing necessary and where the failure to be so qualified or licensed would impair its ability to perform its obligations under this Contract or would result in a material liability to or would have a material adverse effect on FPL. (Continued on Slhec No. 9.044) Imued by- S. E. Romig, Director, Rates and Tariffs Effective. August 18, 2009