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ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 17 j.� DUKE ENERGY. Attachment A Page 12 of 71 SECTION No. IX SECOND REVISED SHEET NO, 9.411 CANCELS FIRST REVISED SHEET NO. 9.411 "Option A" means normal Capacity Payments as described in Appendix D. "Option 13" means early Capacity Payments as described in Appendix D. "Option C" means levelized Capacity Payments as described in Appendix D. "Option D" means early levelized Capacity Payments as described in Appendix D. "Party" or "Parties" has the meaning assigned to it in the opening paragraph of this Contract. "Person" means any individual, partnership, corporation, association, joint stock company trust, joint venture, unincorporated organization, or Governmental Agency (or any department, agency, or political subdivision thereof). "Proicct Consents" mean the following Consents, each of which is necessary to RF/QF for the fulfillment of RF/QF's obligations hereunder: (a) the Authorization to Construct, (b) planning permission and consents in respect of the Facility, and any electricity substation located at the Facility site, including but not limited to; a prevention of significant deterioration permit, a noise, proximity and visual impact permit, and any required zoning permit; and (c) any integrated pollution control license. "Proiect Contracts" means this Contract, and any other contract required to construct, operate and maintain the Facility. The Project Contracts may include, but are not limited to, the turnkey engineering, procurement and construction contract, the electrical interconnection and operating agreement, the fuel supply agreement, the facility site lease, and the operation and maintenance agreement. "Prudent Utilitv Practices" means any of the practices, methods, standards and acts (including, but not limited to, the practices, methods and acts engaged in or approved by a significant portion of owners and operators of power plants of technology, complexity and size similar to the Facility in the United Stales) that, at a particular time; in the exercise of reasonable judgment in light of the facts known or that should reasonably have been known at the time a decision was made, could have been expected to accomplish the desired result and goals (including such goals as efficiency, reliability, economy and profitability) in a manner consistent with applicable .facility design limits and equipment specifications and applicable laws and regulations. Prudent Utility Practice is not intended to be limited to the optimum practice, method or act to the exclusion of all others, but rather to be a spectrum of acceptable practices, methods or acts in each case taking into account the Facility as an independent power project. ISSUED BY; Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: July 21, 2015 I