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ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 17 Attachment A First Revised Sheet No, 9.038 FLORIDA POWER & LIGHT COMPANY Cancels Original Sheet No. 9.038 (Continued from Sheet 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 FPL (all of which may be retained by FPL), FPL will transfer to the QS on a monthly basis the Interest Amount, as calculated by FPL. "Interest Amount" means, with respect to each monthly 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 an 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 tate opposite the caption "Federal Funds (Effective)" as set forth for that day in the weekly statistical release designated as HAS (519), or any successor publication, published by the Board of Govemors of the Federal Reserve System. Ifon the determination date such rate is not yet published in H.15 (519), the rete for that date will be the rete set in Composite 3:30 P.M. Quotations for U.S. Goverment Securities for that day under the caption "Federal Funds/Effective Rate." If on the determination date such rate is not yet published to either H.15 (519) or Composite 3:30 P.M. Quotations for U.S. Goverment Securities, the rate for that date will be determined as if the Parties had specified "USD•FedeW Funds -Reference Dealers' as the applicable rate. 10. Termination Fee 10.1 to the 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 Fixed Firm Energy Payment Option (as such option is defined in Appendix A and elected by the QS in Appendix E) then, upon the termination of this Contract, the QS shall owe and be liable to FPL 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 of this Contract. FPL shall provide the QS, on a monthly basis, a calculation of the Termination Fee. 10.1.1 The Termination Fee shall be secured (with the exception of governmental solid waste facilities covered by FPSC Rule 25-17.091 in which ease the QS may use an unsecured written commitment or promise to pay, in a form reasonably acceptable to FPL, by the local government which owns the Facility or on whose behalf the QS operates the Facility, to secure its obligation to pay the Termination Fee) by the QS by: (a) an unconditional, irrevocable, standby letters) oferedit issued by Qualified Issuer in form and substance acceptable to FPL (including provisions (a) permitting partial and full draws and (b) permitting FPL to draw upon such letter of credit, in full, if such letter of credit is not renewed or replaced at least thirty (30) business days prior to its expiration date, ("Termination Fee Letter of Credit" ); (b) a bond, issued by a financially sound Company and in a form and substance acceptable to FPL, ("Termination Fee Bond'); or (c) a cash collateral deposit with FPL ("Termination Fee Cash Collateral") (any of (a ), (b), or (c), the "Termination Security"). 10.1.2 The specific security instrument selected by the QS for purposes of this Contract is: ( ) Termination Fee Letter ofCredit ( )Termination Fee Bond ( ) Termination Fee Cash Collateral 10.1.3 FPL shall have the right to monitor the financial condition of (i) the issuer of a Termination Fee Letter of Credit in the case of any Termination Fee Letter of Credit and (i) the insurer(s), in the ease of any Termination Fee Bond. In the event the issuer iota Termination Fee Letter of Credit is no longer a Qualified Issuer or the issuer ora Termination Fee Bond is no longer financially sound, FPL may require the QS to replace the Termination Fee Letter of Ctedit or the Termination Fee Bond, as applicable. In the event that FPL notifies the QS that it requires such a replacement, the replacement Termination Fee Letter ofCredit or Termination Fee Bond, as appticable, must be issued by a Qualified Issuer or financially sound company within ten (10) business days following such notifieation. Failure by the QS to comply with the requirements of this Section 10.1.2 shall be grounds for FPL to draw in full on any existing Termination Fee Letter of Credit or Termination Fee Bond and to exercise any other remedies it may have hereunder. (Continued on Sheet No. 9.039) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 -Dl�