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ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 16 FLORIDA POWER & LIGHT COMPANY Attachment A First Revised Sheet No. 9.038 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 leen paid with respect to Cash Collateral held by FPL (all efwhich may be retained by FPI.), FPL will transfer to the QS on a monthly basis the Interest Amount, es calculated by FPL. "Interest Amount" meant, with respect to each monthly period, the aggregate stmt of the amotmts of interest calculated for each day in that monthly period on the principal amount of Cash Collateral held by FPL on 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 (2) 360. "interest Rate" means: the Federal Funds Overnight rate as from time to time in effect. "Femoral Funds Overnight Rate" means, for the rcicvant determination date, the rate opposite the caption "Federal Funds (Effective)' as set forth for that day in the weekly statistical release designated as 11.15 (519). or any successor publication, published by the Board of Governors of the Federal Reserve System. If on the detennination date such rate is not yet published in 13.15 (519), the rate for that date will be the rate set in Composite 3:30 P.M. Quotations for U.S. Government Securities for that day under the caption "Federal Fluids/Effective Rale." If on the determination date such rate is not yet published in either 14.15 (519) or Composite 3:30 P.M. Quotations for 11.S. Govemmcnt Securities, the rate for that date will be determined as ifthc Parties had specified "USD -Federal Funds -Reference Dealers" as the applicable rate. 10. Termination Fee 10.1 In the event that the QS receives capaeity 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 suet' 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 he liable to FPI. 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. FOL shall provide the QS, on a monthly basis, a calculation of the Termination Fee. 10:1.1 The Termination Fcc shall he secured (with the exception of governmental solid waste facilities covered by FPSC Rule 2547.091 in which case the QS may use an unseated 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 b1 (a) an unconditional, irrevocable, standbyletter(s) of credit issued by Qualified Issuer in forth 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 fort and substance acceptable to FPL, ('Temruration Fee Bond"); or (c) a cash collateral deposit with FPL ("Fcmtination 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 of Credit ( ) 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 Leber of Credit and (ii) the insurer(i), in the case of any Termination Fee Bond. In the event the issuer of a Temninatien Fee Letter of Credit is no longer a Qualified Issuer or the issuer of a Termination Fee Bond is no longer financially sound, FPL "nay require the QS to replace the Tenuinalion Fee Letter of Credit 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 of Credit or Termination Fee Bond, as applicable, must be issued by a Qualified Issuer or financially sound company within ten (10) business days following such notification. Failure by the QS to comply with the requirements of this Section 10.1.2 shall be grounds for FPL to draw in frill on any existing Termination Fee Letter of Credit or Termination Fee Bond and to exercise any other remedies it niay have hereunder. (Continued on Sheet No. 9.039) Issued by S. E. Romig, Director,' Rates and Tariffs Effective: September 13, 2016