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ORDER NO. PSC -2020 -0212 -PAA -EQ <br />DOCKET NO. 20200114 -EQ <br />PAGE 23 <br />FLORIDA POWER & LIGHT COMPANY <br />Attachment A <br />Second Revised Sheet No. 9.044 <br />Cancels First Sheet No: 9.044 <br />(Continued from Sheet No. 9.043) <br />17.2 Due, Authorimation, No Approvals, No Defaults, etc. <br />Each of the execution, delivery and performanec by the QS of this Contract has been duly authorized by all necessary action on the <br />part of the QS, docs not require any approval, except as has been heretofore obtained, of the (shareholders; <br />partners, or others, as applicable) of the QS or any consent of or approval :from any trustee, lessor or holder of any indebtedness or other <br />obligation of the QS, except for such as have been duly obtained, and does not contravene or constitute a default under any law, the <br />(articles of incorporation, bylaws, or other as applicable)'of the QS, or any agreement, judgment, injunction, ardor, <br />• decree or other instnument binding upon the QS, or subject the Facility or any component part thereof to any lien other than as contemplated <br />or permitted by thus Contract. This Contract con 1tutes QS's legal, valid and binding obligations, enforceable against it m accordance With <br />the terms hereof, except as such enforceability may be limited by applicable bankruptcy laws from time to time in effect that affect creditors' <br />rights generally or by general principles of equity (regardless of whether such enforcement is considered in equity or at law). <br />17.3 Compliance with Laws <br />The QS has knowledge of all laws and business practices that must be followed in performing its obligations under this Contract. <br />The QS is in compliance with all laws, except to the extent that failure to comply therewith would not, in the aggregate, have a material <br />adverse effect on the QS or FPL. <br />17.4 Governmental Approvals <br />Except as expressly contemplated herein, neither the execution and delivery by the. QS of this Contract, nor the consumttation by <br />the QS of any of the transactions contemplated thereby, requires the consent or approval of the giving of notice to, the registration with, the <br />recording or fling of any document nt with, or the taking of any other action in respect of governmental authority, except in respect of pemdls <br />(a) which have already bean obtained and are in frill force and effect or (b) are not yet required (and with respixt to which the QS has no <br />reason to believe that the same will not be really obtainable in the onlinary course of business upon due application therefore) <br />17.5 No Suits, Proceedings <br />There are no actions, suits, proceedings or investigations pending or, to the knowledge of the QS, threatened against it at law or in <br />Nulty before any count or tribunal of the United Slates or any other jurisdiction which individually or in the aggregate could result in any <br />materially adverse effect on the QS's business, properties, or assets or its condition, financial or otherwise, or in any impairment of its ability <br />to perform its obligations under this Contract. The QS has no knowledge of a violation or default with respect to any law which could result <br />in any such materially adverse effect or impairment. The QS is not in breach of, in default under, or in violation of, any applicable Law, or <br />the provisions of any authorization, or in breach of in default under, or in violation of or in conflict with any provision of any promissory <br />note, indenture or any evidence of indebtedness or security therefore, lease, contract, or other agreement by which it is bound, except for any <br />such breaches; defaults, violations or conflicts which, individually or in the aggregate, could not reasonably be expected to have a material <br />adverse effect on the business or financial condition of Buyer or its ability to perform its obligations hereunder. <br />17.6 Environmental Matters <br />17.6.1 QS Representations <br />To the beat of its knowledge after diligent inquiry, the QS knows of ne (a) existing violations of any environmental laws at the <br />Facility, inducing those governing hazardous materials or (b) pending, ongoing, or unresolved adininistrativc or enforcement investigations, <br />compliance orders, claims, demands, actions, or other litigation brought by governmental authorities or other third parties alleging violations <br />of any environmental, law or permit whioh would materially and adversely affect the operation of the Facility as contemplated by this <br />Contract. <br />17.6.2 Ownership and Offering For Sale Of Renewable Energy Attributes <br />The QS retains any and all rights to own and to sell any and all environmental attributes associated with the electric generation of <br />the Facility, including but not limited to; any and all renewable energy certificates, -green tags" or other tradable environmental interests <br />(collectively "RECO, of any description <br />(Continued on Sheet No. 9.045) <br />Issued by: S. E. Romig, Director, Rates and Tariffs <br />Efectiv'ei August 16, 2009. <br />