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ORDER NO. PSC -2020 -0212 -PAA -EQ
<br />DOCKET NO. 20200114 -EQ
<br />PAGE 22
<br />.[TARIAA PO\% :R.& LIMIT COMPANY
<br />Attachment A
<br />First Reviaed Sheet No. 9.043
<br />Cancels Original Sheet No. 9.043
<br />(Continued from Sheet No. 9.093)
<br />16,1.kxccpt :as otherwise prOvidcri m tum Contract, each party shall Lx c>cusect• from perfrnoance when its noinperfor ranee was
<br />caused, directly or indirectly by an evert of Force Majeure.
<br />16.2 In the event of any -delay M nonperformanceresulting from an eventof-Porce Majeure,the party'claiming Force Majeure shall
<br />notify the rither.party.irt writing within hyo (2) business days of the ocentrcnce ofihe event of Force 1Majcure,.of the nature, Cause, date of
<br />conuirencement thereof and the anticipated e'dent of such delay; and shall indicate whether any deadlines or date(s), imposed hereunder may
<br />he affecterl.thereby:The suspension of perfomiance shall be of .no greater scope and of no greater duration than the cure for the Force
<br />Majeure requires. A party. claiming Force Majeure shall not be entitled to any relief therefore unless and tuitil conforming notice.is provided.
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<br />The party .claiming Porte Majeure notify the Old party of the cessation of the event of Poke Majeure or of the eottolitsion of the
<br />• affected party's tune for the event of Force Majeure, in either case within two (2) business days thereof.
<br />16.3. The party claiming F'orce_Majeure shall use its best efforts 10 •cure the cause(s) preventing -its performance of this _Contract;
<br />provided, however, the settlement of strikes, lockouts and, other labor .disputes shall be entirely within the discretion of the affected party,
<br />and such party shall not be required to settle such strikes, lockouts or other labor disputes by acceding to detnands which such party deems to
<br />be unfavorable.
<br />16.4 If the.:QS suffers an.occurrennce of an event of ForceMajeu re,Uhat reduces tlie.generafing•capability of the Facility below the
<br />Comnuttcd Capacity, the QS may, upon"notice to FPI, temporarily adjust the Committed Capacity as proVtded in Sections 16.5 and 16.6.
<br />Such adjustment shall be effective (he fust calendar day immediately following FPL's receipt of the notice or such later date as may be
<br />specified by the QS. Furthermore, such adjustment shall be the,minimum amount necessitated by the event of Force Majeure.
<br />16.5 If the Facility is rendered ceinpletely ineporatiye as a result of Force Majeure, the QS shall temporarily set the Committed
<br />Capacity equal to 0 KW until such time as the Facility can partially or fully operaic at the Cornrriittcd Capacity.lhatexisted prior to the Force
<br />Majeure. if the Committed Capacity is 0 KW, FPI. shall have no obligation to make capacity payments hereunder.
<br />16.61f, at any time during the occurrence of an event of ForecM ajeare m during its cure, the Facility can partially or fully operate,
<br />then the QS shall temporarily set the Comniiitted Capaoity at the iitaximtuu'capability that the. Facility can reasonably i?L'e tpeoted to operate.
<br />16.7 upon the cessation of the event of Force Majcure or the conclusion of the cure for the event of Force Majeure, the Committed
<br />Capacity shall he restored to the Committed Capacity that existed immediately prior to the Force Majeure. Notwithstanding any ether
<br />• provision of this Contract, upon such cessation or etre, FPL Ghali have the right to require a Committed C:apacity'1'. 1 to demonstrate the
<br />Facility's compliance with the requirements of this section 16.7. Any Committed Capacity Test required by FPi. under this Section shall be
<br />additional to any Committed Capacity Test under Section 5.3.
<br />16.8 During the .occurrence of•an event of Force Majeure and a reduction in Committed Calxseity tinder Section 16.4, all. Monthly
<br />Capacity Payments shall reflect, pro rata, the reduction in Committed Capacity, and the Monthly Capacity Payments will continue to be
<br />calculated in accordance with the pay -for -performance provisions in Appendix 11.
<br />1G.9 The QS agrees to be responsible for and pay the costs necessary to reactivate the Facility andlor the interconnection with
<br />FPI.'s system if the same is (are) rendered inoperable due to actions of the QS, its agents, or Force Majeure events affecting the QS, the
<br />Facility or the interconnection with FPL: FPL agrees to reactivate, at its own cost, the interconnection with the Facility in circumstances
<br />where any inlemnptioxns to such interconnections are caused by FPL or its agents.
<br />17. Pep resentatlons, Warranties, and Covenants of QS
<br />The QS represents and warrants that as of the Effective Date and for the term of this Contract
<br />17.1 Organization, Standing Lind Qoaliflcalion
<br />The QS is a (corporation, partnership, or other, as applicable) duly organized and validly existing in good
<br />standing under the laws of and has alt necessary power and authority to airy on its business as presenllyconducted, to
<br />own or hold under lease ihn properties and to enter into and perfomn its obligations under this Contract and all other related documents: and
<br />agreements to which it is or shall be. a Party. The. QS is duly qualilled or licensed to do business in the State of Florida_ mid in all other
<br />jurisdictions wherein the iodine of its b e:Mess and operation; tx• the character of the properties oared or IIsSed by it makes ;',ucb
<br />qualification or licensing necessary mid where the failure to be so qualified or licensed would impair its ability to perform its obligations
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<br />under this Contract or would result in u material liability to or would have a material adverse effect on FPL.
<br />(Continued on Sheet No. 9.044)
<br />Issued by: S. E. Romig, Director; Rates and Tariffs
<br />Effective: August 18, 2009
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