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ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 38 DUKE ENERGY. Attachment A Page 33 of 71 SECTION No. IX THIRD REVISED SHEET NO. 9.432 CANCELS SECOND REVISED SHEET NO. 9.432 18.4 The Party claiming Force Majeure shall use its best efforts to cure the cause(s) preventing 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 and 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. 18.5 If the RF/QF suffers an occurrence of an event of Force Majeure that reduces the generating capability of the Facility below the Committed Capacity, the RF/QF may. upon .notice to DEF temporarily adjust the Committed Capacity as provided in Sections 18.6 and 18.7. Such adjustment shall be effective the first calendar day immediately following DEF's receipt of the notice or such later date as may be specified by the RF/QF. Furthermore, such adjustment shall be the minimum amount necessitated by the event of Force Majeure. 18.6 If the Facility is rendered completely inoperative as a result of Force Majeure, the RF/QF shall temporarily set the Committed Capacity equal to 0 kW until such time as the Facility can partially or fully operate at the Committed Capacity that existed prior to the Force Majeure. If the Committed Capacity is 4 kW, DEP shall have no obligation to make Capacity Payments hereunder. 18.7 if, at any time during the occurrence of an event of Force Majeure or during its cure, the Facility can partially or Hilly operate, then the RF/QF shall temporarily set the Committed Capacity at the maximum capability that the Facility can reasonably be expected to operate. 18.8 Upon the cessation of the event of Force Majeure or the conclusion of the care for the event of Force Majeure, the Committed Capacity shall be restored to the Committed Capacity that existed immediately prior to the Force Majeure. Notwithstanding any other provisions of this Contract, upon such cessation or cure, DEF shall have right to require a Committed Capacity Test to demonstrate the Facility's compliance with the requirements of this Section 18.8. Any such Committed Capacity Test required by DEF shall be additional to any Committed Capacity Test under Section 7.3. 18.9 During the occurrence of an event of Force Majeure and a reduction in Committed Capacity under Section 18.5 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 pay -for - performance provisions in Appendix A. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - Fl - EFFECTIVE: July 13, 2017 f331�