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ORDER NO. PSC -2019 -0265 -PAA --EQ DOCKET NO. 20190082 -EQ PAGE 23 FLORIDA POWER & LIGHT COMPANY Attachment A Third Rcviscd Sheet No. 9.045 Cancels Second Revised Sheet No. 9.045 (Continued from Shed No. 9.044) 17.b3 Changes in Environmental and Governmental Regulations If new environmental and other regulatory rtquiremaits enacted during thc tarn of the Contract change CPUs full avoided cost of the unit on which the Contract is based, either party can elect 10 have the contract reopened. 173lnterconnectiorfWhceling Agreement The QS has executed an interconnection agreement with FPL or reprccnLL, or warrants that it has entered into a valid and enforceable Intcrconnettion Agretrntnt with the utility in whom service territory tate Facility is located, pursuant to which the QS astatmes contractual responsibility to make any and all tranniission-related arrangements (including control arca services) bchvean thc QS and the transmitting utility for delivery of the Facility's capacity and anergy to FPL. 17.8 Technology and Generator Capabilities That for the term of this Contract the Technology and Geriantor Capabilities table set forth in Section 1 is accurate and complete. 18. General Provisions 18.1 Project Viability To assist FPL in aSscssing the QS's financial and technical viability, the QS shall provide thc information and documents rerpicsted in Appendix 1) or substantially similar documents. to the extent the documents apply to the type of Facility covered by this Contract, and to the extent the documents are available. All documents to be considered by FPL must be submitted at the time this Contract is presented to FPL. Failure to provide the following such documents mayresult in a determination of non -viability by FPL. 13.2 Permits, Site Control The QS hereby agrees to obtain and maintain Permits which the QS is required to obtain as a prerequisite to engaging in the activities specified in this Contract. QS shall afro obtain and maintain Site Control for the Term oldie Centrad. 183 Project Management 18.3.1 If requested by FPL, the 'QS shall submit to FPL its integrated project schedule for FPL's rcvicw within sixty calendar days from the execution of this Contract, and a .Start-up and ted schedule for the Facility at least sixty calendar days prior to start-up and testing of the Facility. These schedules shall identify trey licensing, permitting, construction and operating milestone dates and activities. If requested by FPI., the QS stall submit progress reports in a fort atisfactory to FPL every calendar month until the Capacity Delivery Date and shall notify FPL of any changes in such schedules within tan calendar days after such changes are determined. FPL stall have the right to monitor the construction, start.tip and testing of the Facility, 'either on-site or off- site. FPL's technical review and inspections of the Facility and resulting request. if arty. shall not be construed as endorsing the design thereof or as any warranty as to the safety, durability or reliability of the Facility. 18.3.2 Tht QS shall provide FPI. with the final decigner'srrnanufadare's generator capability nerves, protective relay types, proposed protective relay settings, main one -lint diagrams, protective relay functional diagrams, and alternating current and direct current elementary diagrams far review and inspection at FPL no later than one hundred eighty calendar days prior to the initial synchronization date. 18.4 Assignment This Agreement dealt inure to lht benefit of tend shall be binding upon the Patties and their respective suceennara Md assigns This Agrcooent shall not he assigned sir transferred by either Party without the prior Written consent of thecaberParty, such consent to be granted or withheld in nucljether Party's sole discretion Any direct or indirect change of control of QS (whether voluntary or by operation of law) shall be deemed an "assignment and shell require the prior written consent of FPL. Notwithstanding the foregoing. either Party May. without the Consent of the ether Party, assign or transfer this Agreement: (a) to, any lender as collateral security for obligations under any financing documents entered into with such lender provided, QS shall be responsible for FPL's rnesonab1c costs and c,pnax:s associated with the review. negotiation, cxedution and delivery of any documents or infommtion patstant to such collateral amiertmenl, including reasonable attorneys' fees (b) to an affiliate of such Party. provided that such affiliates creditworthiness is equal to or better than that of such Party (and in no event less than Investment Grade) as determined reasonably by the non -assigning or non -transferring Party and; prnvidred further. that any such affiliate shall agree in writing to be bound by and to assume the terms and conditions hereof and any and all obligations to the non -assigning err non -transferring Party arising or accruing herewith(' from and after the date of such assumption. "Investment Grade" means 13011- or above from Standard & Poor's Corporation enilaa2 or above from Moody's Investor Services, 185 Disclaimer ht executing this Contract, FPI. docs not, nor should it be construed, to estend its credit or financial support for the benefit of any third parties lending money to or having other transactions with the QS or any assignee of this Contract_ (Continued on Sheet No. 9.046) Issued by S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 6-12,