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ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 17 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 been paid with respect to Cash Collateral held by FPL (all of which may be retained by FPL); FPL will transfer to the QS on a monthly basis the Interest Amount, as calculated by FPL. "interest Amount" means, with respect to each monthly period, the aggregate sum of the amosmts of interest calculated for each clay 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 latera:st Rate in effect for that day, divided by (z) 360. "interest Rate" means: the Federal Funds Overnight rate as from time to time in effect. "Federal Funds Overnight Rate" means, for the relevant determination date, the rate opposite the caption "Federal Funds (Effective)" as set forth for that day in the weeldy statistical release designated as 14.15 (519), or any successor publication, published by the Board of Governors of the Federal Reserve System. If on the determination date such rate is hot yet published in 11.15 (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 Funds/Effective Rate." if on the determination date such rate is not yet published in either I1.15 (519) or Composite 3:30 P.M.Quotations for U.S. Government Securities, the rate for that date will be determined as if the Parties had specified "USD -Federal Funds -Reference Dealers" as the applicable rate. 10. Termination Fee 10.1 In the event that the QS receives capacity payments pursuant to Option 13, Option C, Option D or Option E (as such options arc 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 such option is defined in Appendix A and elected by the QS m Appendix E) then, upon die termite tion of this Contract, the QS shall owe mid be liable to FPL for a termiriation fee calculated in accordance ytith Appendix C (the `Termination pee'). The QS's obligation to pay the Termination Fee shall survive the termination of this Contract. ihall provide the QS, on a Monthly basis; a calculation of the Termination Fee. 10.1.1 The Termination Fee shall be secured (with the exception of governmental solid waste facilities covered by FPSC.Rule 25.17.091 in which case tate QS may use an unsecured written corinnitment or promise to pay, in a foram reasonably acceptable to FPL, by the local govermnent 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 by: (a) an unconditional, irrevocable, standby letter(s) of credit issued by Qualified Issuer in fonn and substance acceptable to FPL (including provisions (a) permitting partial.and full draws and (b) pcmntting 111, to diaw,upon such letter of credit, in full, if such letter of credit is not renewed or replacxl at least thirty (30) business days prior to its expiration date, (`Termination Fee Latter of Credit'), (b) a bond, issued by a financially sound Company and in a form and substance acceptable to F1'L, eTcmnnation Fee Bond');.or (c) a cash collateral deposit with FPL (`Termination Fee Cash Collateral') (any of( a ), (b), er (c), fie "Tcmmination 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 intim case of any Termination Fee Letter of Credit and (ii) the insurer(s), in the case of any Termination Fee Bond. In the event the issuer of a Tcmtination Fee Letter of Credit is no longer a Qualified issuer or the issuer of a Temnnation Fee Bond is no longer financially sound, FPL may require the QS to replace the Termination Fcc Letter of Credit or the Tcmmination Fee Bond, as applie able. 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, moat be issued by a Qualified Issuer or financially sound comprury within ten (10) business days following Ruch notification. Failure by the QS to comply with the requirements of this Section 10.1.2 shall be grounds for FPL to draw in full on any existing Temunation Fee Letter of Credit orTemrination Fcc Bond and to exercise any other remedies it may have hereunder. (Continued on Sheet No. 9.039) Issued by; S, E. Romig, Director, Rates and Tariffs Effective: September 13, 2016