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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.
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