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ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 18 FLORIDA POWER & LIGHT COMPANY Attachment A Fourth Revised Sheet No. 9.040 Cancels Third Revised Sheet No. 9.040 (Continued from Sheet No. 9.039) 12. Default Notwithstanding the occurrence of any Force Majeure es described in Section 16, each of the following shall constitute an Event of Default: 12.1 The QS fails to meet the applicable requirements specified in Section 1 of this Contract; 12.2 The QS changes or modifies the Facility from that provided in Section 1 with respect to its type, location, technology or fuel source, without prior written approval from FPI,.; 12.3 After the Capacity Delivery Date, the.Faeility fails, for twelve (12) consecutive months, to maintain an Annual Capacity Billing Factor, -as described in Appendix 13, of at least 70%.; 12.4 The QS fails to comply with any of the provisions of Section 9.0 hereof (Completion/Performance Security). 12.5 The QS fails to comply with any of the provisions of Section 10.0 hereof (rcmrination Security).; 12.6 The QS ceases the conduct of active business, or if proceedings under the federal banlomptcy law or insolvency laws shall be instituted by or for or against the QS or if a receiver shall be appointed for the QS or any of its assets or properties; or if any part of the QS's asset shall he attached, levied upon, encumbered, pledged, seized or taken under any judicial process, and such proceedings shall not be vacated or fully stayed within 30 days thereof; orit the QS shall make an assignment for' the benefit of creditors, or admit in writing its inability to pay its debts as they become due. 12.7 The QS fails to give proper assurance acceptable to FPL of adequate performance as specified tinder this Contract within 30 days atter FPL, with reasonable grounds for insecurity, has requested in writing such assurance-. 12.8 The QS materially fails toperfonn as specified under this Contract, including, but not limited to, the QS's obligations under any part of Sections 8, and 18. 12.9 The QS fails to achieve the pennitting, licensing, certification, and all federal, slate and local governmental environmental and Licensing approvals required to initiate construction of the Facility by no later than one year prior to Guaranteed Capacity Date. 12.10 The QS fails to comply with any of the provisions of Section 18.3 hereof (Project Management). 12.11 Any of the representations or warranties made by the QS in this Contract is false or misleading in any material respect. 12.12 The occurrence of an event of default by the QS under the interconnection Agreement or any applicable Wheeling Agreement; 12.13 The QS fails to satisfy its obligations under Section 18.14 hereof(Assignment). 12.14 The QS fails to deliver to FPL in accordance with this Contract any energy or hnn capacity required to be delivered hereunder or the delivery or sale (Tarty Stich energy and firm capacity to an entity other than FPL. 12.15 The QS fails to perform any material covenant or obligation under this Contract not specifically mentioned in this Section 12. 12.16 if at any time after the Capacity Delivery Date, the :QS redu ccs the Committed Capacity due to an event of Force Majeure and fails to repair the Facility and reset the Committed Capacity to the level set forth in Section 5.1 (as such level may be reduced by Section 5.3) within twelve (12) months fotlowing'the occurrence of such event of Force Majeure. (Continued on Sheet No. 9041) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 (AQ, 2.4