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ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 24 Attachment A Third Revised Sheet No. 9.045 FLORIDA POWER & LIGHT COMPANY Cancels Second Revised Sheet No. 9.045 (Continued from Sheet No. 9.044) 17.6.3 Changes in Environmental and Governmental Regulations V new environmental and other regulatory requirements emitted during the term of the Contract change FPL's full avoided cost of the unit an which the Contract is based, either party can elect to have the contract reopened. 17.71 merconneetioNVAccling Agreement The QS has executed an interconnection agreement with FPL, or represents or warrants that it has entered into a valid and enforceable Interconnection Agreement with the utility in whose service territory the Facility is located, pursuant to which the QS assumes contractual responsibility to make any and all transmission -related arrangements (including control arca services) between the QS and the transmitting utility for delivery of the Facility's capacity and energy to FPL 17.8 Technology and Generator Capabilities That for the term of this Contract the Technology and Generator Capabilities table set forth in Section 1 is accurate and complete. 18. General Provisions 18.1 Project Viability To assist FPL in assuring the QS's financial and technical viability, the QS shall provide the information and documents requested in Appendix D or substantially similar dosvmens, to the extent the documents apply to the type of Facility covered by this Context, and to the extent the documents are available. All documents to be considered by FPL must be submitted at the time this Contract is presented to FPL. Failure to provide the following such documents may result in a determination of nun -viability by FPI- 18.2 PL18.2 Permits, Site Control The QS hereby agrees to obtain and maintain Permits which the QS is required to obtain as a prerequisite to engaging in Ute activities specified in this Contrast. QS shall also obtain and maintain She Control for the Term of the Contract 18.3 Project Management 18.3 .1 If requested by FPL, the QS shall submit to FPL its integrated project schedule for FPL's review within sixty calendar cloys from Use execution of this Contract, and a start-up and test schedule for the Facility at least sixty calendar days prior to start-up and testing of she Facility. These schedules shall identify key licensing, permitting, construction and operating milestone dates and activities. V requested by FPI, the QS shall submit progress reports in a form satisfactory to FPL every calendar month until the Capacity Delivery Date and shall notify FPI. of arty changes in such schedules within ten calendar days atter such changes are determined. FPL shall have the right to monitor the cor sWetion, start-up and testing ofthe Facility, either on-site or off- site. F'PL's technical review and inspections of the Facility and resulting requests, if any, shall not be construed as endorsing the design thereof or as airy warranty as to the safety, durability or reliability of the Facility. 18.3.2 The QS shall provide FPL with the final desigmer'shnanufecturer s generator capability curves, protective relay types, proposed protective relay settings, main one -line diagrams, protective relay functional diagrams, and altcmating current and direct current elementary diagrams for review and inspection at FPL no later than one hundred eighty calendar days prior to the initial symbronizatien date. I 9 Assignment This Agreement shall inure to the benefit of and shall be binding upon the Parties and their respective successors and assigns. This Agreement shall not be assigned or transferred by either Party without the prior written consent of the aha party, such consent to be granted or withheld in such other Party's sok discretion. Any direct or indirect change of control of QS (whether voluntary or by operation of law) shall be deemed an assignment and shall require the prior written consent of FPL. Notwithstanding the foregoing, either Parry may, without the consent of the other Party, assignor transfer this Agireement: (a) to any lender as collateral security for obligations under any financing documents entered into with such lender provided, QS shall be responsrbk for FPL's reasonable costs and expenses associated with the review, negotiation, execution anddelivery cu delivery ofarry documents or information pursuant to such collateral assignment, including reasonable attorneys' fees (b) to an affiliate of such Party, prorlded. that such affiliates creditworthiness is equal to or better than that of such Party (and in no event les; than Investment Grade) as determined reasonably by the Iron -assigning or nen-tmmferting Parry and; provided, father, that any such afliste shall agree in writing to be bound by and to assume the tams and conditions hereof and any and all obligations to the non -assigning or non -transferring Party arising or accruing hereunder from and after the date of such assumption 'Investment Grade' means BBB- or above from Standard de Pools Corporation or Baal or above from Moodys Investor Services. 18.$ Disclaimer In executing this Contract, FPL does not, nor should it be construed, to extend its credit or financial support for the benefit of arty third parties tending money to or having other transactions with the QS or any assignee of this Contract (Continued on Sheet?,[*. 9.046) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 �aH