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ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 16 Attachment A Eigkt44Ninth Revised Sheet No. 9.037 FLORIDA POWER &LIGNTCOMPANY Cancels-Seventld;i Idh Revised Sheet No. 9.037 (Continued from Shect No, 2036) "Moodv's" means illoody's Investors Service, Inc, or its successor. "SAP" means Standard S boors Itatines Group (a division of lire McGraw -I lill Companies, Inc.) or its successor. 9.2 The specific security instrument provided for purposes of this Contract is: (} Letter of Credit. () Bond. (} Cash Collateral. 93 FPL shall have the right to monitor (a) the financial condition orthe issuer ora Letter of troth in the event any Lcacr of Credit is provided by the QS. and (b) the insurer. in the cast of any Bond. In the event the issuer of a Letter of Credit no longer qualifies as Qualified Issuer or the issuct of a Bond is no longer financially sound, FPL may require the QS to replace the Letter of Credit or the Bond, as applicable, Such replacement Letter of Creditor bond must be issued by it QualiI led Issuer ora financially sound issues. as applicable within ten (10) business days fullowing written notification to the QS of the requirement to replace. Failure by the QS to comply with the requirements of this Scetion 93 shall be grounds for Fill, to draw in full on the existing Letter of Credit or bond and to exercise env other remedies it may have hereunder. 9.4 Nonvirhstanding the foregoing provisions of this Section 9. pursuant to I'I'SC Rule 25-17.091(4), F.A,C, a QS qualifying as a "Solid Write Facility" pursuant to Section 377.709(3) or (5), F.S.. respectively. may use an unsecured written commitment or promise to pay in a form rcasonabh acceptable to FPL, by the local government which owns the I"acility or on whose behalf the QS operates the Facility, to secure its obligation to achieve on a timely basis the Capacity Delivery Date and the satisfactory performance of its obligations hereunder. 9.5 FPI, shall he entitled to draw the Complelionfl'crformance Security to satisfy any obligation or liability or Qs arising pursuant to this Contract. 9.5.1 if the QS fails to achieve the Capacity Delivery Date on or bafurc the in-service date of the Avoided Unit or such later date as permitted by FPI, pursuant to Section 5.6, FPL shall be entitled immediately to receive, draw upon, or retain, ac the ease may be, one - hundred (100%) orthe Complctionl Performance Security as liquidated damages free from any claim or right ofany nature whatsoever orthe QS. including any equity or right or redemption by the QS. The Panics acknowledge that the injury that FPL will stiffer as n result of delayed availability of Committed Capacity and energy is difficult to ascertain and that FI'L may ncccpi such sums as liquidated damages and resort to any other remedies which may be available to it under law or in equity. 9.5 .2 In the event that Fill, requires the QS to perform one or more Committed Capacity Test(s) at any time on or h fore the first anniversary orthe Capacity Delivery Date pursuant to Section 5.3 and, in connection with only such Committed Capacity'rest(s), the QS fails to demonstrate a Capacity of at least one -hundred percent (100%) of the Committed Capacity set forth in Section 5.1. FPI, shall be entitled immediately to receive, draw upon. or retain. as the case may be, one -hundred percent (100%) of time Completionll'crronmauce Security, as liquidated damages free from any claim or right orally nature whatsoever of the QS. including am equity or right of redemption by the QS. 9.5.33 QS shall promptly. but in no event more than five (5) business days following any draws on the CompletionlPcrformancc Security, replenish the CompletionfPerformance Security to the amounts required heroin. 96 The QS, as the Pledgor of the CmnpleiirmrlPerfannarce Security, hereby pledges to FPi„ as the secured Party, as security for the achievement of the Capacity Delivery Date and satisfactory perfomrance of its obligations hereunder, and grants to FPL a first priority continuing security interest in, lien on and right of set-off against nll CompletionlPerfarmanee Security transferred to or received by Fill, hereunder. Upon the transfer or return by FAL to the QS of CompletionlPerfarmance Security. the security interest and lien granted hereunder on that Completionri'erformance Security will be released immediately and, to the extent possible, without any further action by either party. (Continued on Sheet No. 9.038) Issued by: S. cu 9-m'-Tiffanv Cohen, Director, Rates and Tariffs Effective: duiy4-JrA_ 3 EM