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07/07/2020
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07/07/2020
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Last modified
8/19/2020 2:15:38 PM
Creation date
8/12/2020 1:15:39 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
07/07/2020
Meeting Body
Board of County Commissioners
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ORDER NO. PSC -2020 -0212 -PAA -EQ <br />DOCKET NO. 20200114 -EQ <br />PAGE 18 <br />;F 1 QRIDA POWER & _LIGHT CQNII'ANY <br />Attachment A <br />First Revised Sheet No.:9.039 <br />Cnnccla Original Slicct No. 9.039 <br />(Continued from Sheet No.:9.038) <br />10.1.4 After the close of each calendar quarter (March 31,.lune 30, September 30; and December 31) occurring subsequent to <br />the Capacity Delivery Date,: tire QS shalt provide. to FP.L within ten (10) business :days. of the close of such calendar quarter with written <br />assurance and docu:iniernation.(tl "Security Documentation'), iit form and substance acceptable tq FPL, that the :unount of the rriost recently <br />provided Termination Security is sndlcient to cover the balance:ofthe Termination Fee. In addition to the foregoing; at any time during the <br />term .of this Contract, FPL shall have the right to request, and the QS shall be obligated to delivix within five (5) business days of such <br />riga st, such Security Doctimenlaticm. Failure by the QS to Comply with the recruitments of this Section 10.1.1 shall be grounds for FP1.,10 <br />draw in fill on any existing Termination Foe Lester of Credit or Temunation fee l3ond or to retain any termination Fee Cash Collateral, and <br />to exercise any other remedies it may have hereunder to be applied against anyTernination Fee that may be chic and inning to FI'1. or that <br />may in the future be due and owing to FPL. <br />10.1.5 Upon any temiination of this Contract following the Capacity Delivery Date, FPI. shall be entitled to reeeivc(and in the <br />case of the Temunation Fee Letter of Credit or Termination Fee. Bond, draw upon such Termination Fee Letter of.Credit or Termination Fee <br />Ilond) and n;l:tin onc- hundred percent (100°5) of the Termination Security tq tic applied against airy 7 cirninalicm Fee Ihat:may bi. due and <br />owing to FPL or Marti -6y in the finhre he due and owing to FPi:. FPL will transfer to the QS any proceeds and Termination Scourity <br />remaining after liquidation, set-off and/or application murder this Article after:satisfaetion in firll of all amounts payable by the QS with <br />respect to any Tcnnination Fee of otherebligations due, to FPL; the QS in all event; will renumin liable for any amounts remaining unpaid <br />afteranyliquidation, set-off and/or application tender this Article. <br />10.2 The QS, as the Pledgor of ilme Termination Security, hereby pledges to FPI, as the secured -Party; as security for the <br />Temunation Fee, and grants to FPL a first priority continuing security interest in, lien on and right of set off against. all Termination Security <br />transferred to or received by FPL hereunder. Upon the transfer or return by FPL to Ilse QS of Tennimation Security, :the security interest arid <br />lien granted hereunder on that Temunation Security will be released inuuediately and, to the extent possible, without any further action by <br />either party. <br />10.3 hi lieu of any interest, diiidends or other amounts paid or deemed to have been paid with respect. to Termination Fee Cash <br />Collateral held by FPL (all of which may be retained by PPL); FPL will transfer to the QS on a monthly basis the Interest Amount, Pursuant <br />to Section 9.7. <br />11. PerforntanceFactor <br />FPL desires lo provide an incentive to the QS to operate the Facility during on -peak and off-peak periods in a manner which <br />approxinrrlesithe projected performance of PPI.'s Avoided .Unit. A:formula to achieve (his objective is attached,ns Appendix B. <br />(Continued on Sheets No. 9.040) <br />Issued by: S. E. Itonlig,Director, Rates and Tariffs <br />Effective: September 13, 2016 <br />2-` <br />
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