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ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 19 FLORIDA POWER & LIGHT COMPANY Attachment A Fourth Revised Sheet No. 9.040 Cancels Third Revised Sheet No. 9.040 (Continued from Shat No. 9.039) 12. Default Notwithstanding the occurrence of any Force Majeure as dcscribcd in Section 16, each of the following shall constitute an Event of Default: 12.1 The QS fails to tncet the applicable requirements specified in Section 1 of this Contract.; 121 The QS changes or modifies the Facility from that provided in Scction 1 with respect to its type, location, lcchnology or fuel source, without prior written approval from FPL.; 12.3 After the Capacity Delivery Date, the Facility fails, for twelve (12) consecutive months, to maintain Billing Factor, as described in Appendix 8, of at least 70%.; 12.4 The QS fails to comply with any of the provisions of Section 9.0 hereof (Completion/Perfonnance Security). Annual Capacity 12.5 The QS fails to comply with any of the provisions of Section 10.0 hereof (Termination Security).; 12.6 The QS ceases the conduct of active business; or if proceedings under the federal bankruptcy law or insolvency laws shall be instituted by or for or against the QS or ea receiver shall be appointed for the QS or any of its assets or properties; or if any part of the QS's assets shall be 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;. or if 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 under this Contract within 30 days after FPL, with reasonable grounds for insecurity, has requested in writing such assurance-. 12.8 The QS materially fails to perform as specified under this Contract, including, bait not limited to, the QS's obligations under any part of Sections 8, add :I 8. 12.9 The QS fails to achievcthe perrifitting, licensing, certification, aril all federal, state and local goveminental envimnmcntal and licensing approvals required to initiate construction afire 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 trade by the QS in this Contract is false or misleading in any material respect. 12.12 Thc occurrence of an event of default by the QS under the Interconnection Agreement or any applicable 1Vhecling Agreement; 12.13 The QS fails tosatisfy its obligations under Section 18.14 hereof(Assignmcnt). 12.14 The QS fails to deliver to FPL in accordance with this Contract any energy or firm capacity required to be delivered hereunder or the delivery or sale of any such 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 mecifically.mentioned in this Section 12. 12.16 If at any time after the Capacity Delivery Date, the QS reduces the Committed Capacity due to an event of Force Majeure and fails to repair the Facility and reset the Committed Capacity to the les el set forth in Section 5.1 (as such level may be reduced by Section 5.3) within twelve (12) months folloiving'the occurrence of such event of Force Majeure. (Continued on Sheet No. 9.041) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016