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ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 17 FI.ORTDA POWER & LIGHT COMPANY Attachment A First Revised Sheet No. 9.039 Cancels Original Sheet No. 9.039 (Continued from Shot No. 9.0311) 10.1.4 After the close of each calendar quarter (March 31, June 30, September 30, and December 31) occurring subsequent to the C--apacity Delivery Date, the QS shall provide to FP1, within ten (10) badness days of the close of such calendar quarter with written assurance and documentation (the "Security Documentation'), in fonts and substance acceptable to FPL, that the amount of the most recently provided Termination Security is sufficient to cover the balance of the Temtination Fee; In addition to the foregoing; at any time during the term of this Contract FPL shall have the right to request, and the QS shall be obligated to deliver within five (5) business days of such request, such Security Documentation. Failure by the QS to comply with the requirements of this Section 10.13 shall be grounds for FPL to 'draw in full on any existing Termination Fee Letter of Credit or Temtination Fee Bond or to retain any Termination Fee Cash Collateral, and to exercise any other remedies it may have hereunder to be applied against any Terruination Fee that may be due and owing to FPL or that may in the future he due and Owing to FPI.. 10.1.5 Upon any termination of this Contract following the Capacity Delivery Date, FPL shall be entitled to receive (and in the case of the Tennlnation Fee Letter of Credit or Temination Fee Bond, draw upon such Termination Fee Letter of Credit or Termination Fe: Bond) and retain one- hitnrlrcd percent (100%) of the Termination Security to be applied against any Termination Fee that may be dire and owing to FPL or that may in the future be due and owing to FPL. FPL will transfer to the QS any proceeds and Termination Security remaining atter liquidation, set-off andtor application under this Ankle after nusfaciion in full of all amounts payable by the QS with respect to any Termination Fee or other obligation.; due to FPL; the QS in all events will remain liable fcii arty amounts remaining unpaid after any liquidation, set-off andlor application under this Artiele. 10.2 The QS, as the Pledgor of the Termination Security, hereby pledges to FPL, as the secured Party, as security for the Termination Fee, and grants to FPL a first priority continuing security interest in, lien on and right of set-off against all Temtination Security transferred to or received by FPL hereunder. Upon the transfer or return by FPL to the QS of Termination Security, the security interest and lien granted hereunder on that Termination Security will be released immediately and, to the extent possible, without any further action by either party. 10.3 In lieu of any interest, dividends or other amounts paid or deemed to have been paid with respect to Termination Fee Cash Collateral held by FPL (all of which maybe retained by FPL), FPI. will transfer to the QS on a monthly basis the Interest Amount, Pursuant to Section 9.7. 11. Performance Factor FPL desires to provide an incentive to the QS to operate the Facility during on -peak and off-peak periods in a manner which approximates the projected perfortcamce of FPL`s Avoided Unit. A forula to achieve this objective is attached as Appendix B. (Continued on Sheet No. 9.040) Issued by S E. Romig,' Director, Rates and Tariffs Effective: September 13,2016