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ORDER NO. PSC -2020 -0212 -PAA -EQ DOCKET NO. 20200114 -EQ PAGE 24 FI,ORIPA POWER & LIGFITCOMTRANY Attachment A Third Revised Sheet No. 9.045 Cancels Second Revised Sheet No. 9.045 (Continued from Sheet No. 9.044) 17.63 Changes in Environmental and Governmental Regulations If nes environmental and other regulatory requircmaits enacted during. the term of the Contract change FPL's full avoided cost of the unit on which the Contract is based, tither party can electto have the contract reopened. 17.7 lntaconncction.'tVhccling Agrcanent 'Rte QS his eieeuted an interconnection agreement with FPI., or represents or win -ants that ithas entered into a valid anil ¢tfarccable Interconnection Agreement with the utility in whose seryice territory the Facility is located, putnuant to which the QS assumes conlmctual responsibility to make any tinct aU trenanissIon-rebated arrangements (including control area services) between the QS and the transnittbtg utility for delivery of the Facility's capacltyand tiaergy'to FPL. 17.8 Techoulogy'anif Generator Capabilities That. For the Iain antis Contract the,Tcclniologyand Gmtrator Capabilities ruble set forth in Section I is accurate and complete. 18. General Provisions 14.1, Project Viability 7o assist1PL in assessing the QS's fmanciai and technical viability, the QS diall provide the information and docimteds regnated hit Appatdix 1) urssubstantiallisintilar documents, '16 the extent the documcoto apply to the type of Facililycovcal by titis.Contrad, and to the cxtent.the ducoments are available. All documents to be considered by FPL must be shin -hilted al thetime this Contract is prescnted to FPL. Failure to ptoiide the following shell documents mayresiiltin a detetmination.of non -viability by FPL. 18.2 Permits Site Control The QS hereby agrees to obtain and maintain Permits which the QS is rcquirtd to obtain as a prerequisite to engaging in the activities cccifie d in this Contract. QS shall also obtain and maintain Silc Control for the Tam of the Contract 143 Project Management 18.3.1 if requeaed by FPL the QS distil .submit to FPL its integrated project schedule for Fit's review within sixty calendar days from the c cciuton. of tis. Contract, and a part up and inti, schedules fur the Facility at Icast sixty calaidar d)is prior to tiiarl•tip and testing of the Facility. Thew schcdhlcsshill identify key licensing, pcmiinin(g.Lbnsimdionandoperatingmilciiiricdalesatidactivilim.IfregUestcdbyFPh the QSshall vibtnitprogrcc :reports in a form tinisdhctoiry to FPI, every calendar _month tinlil the Capacity Delivery nate and Ffialt nutifyFPi, of any changes m rich sclin ccs within ten calendar days after 3ucit changes ere determined. FPL stall have tle"right le monitor the construction. sten-bp and testing of the Facility. either on-site of off- site. FPL's technical resiew' and inspections of the Facility and resulting requests if any. shall not be consuued as endorsing the design thereof or es any warranty as to the safety. durability or reliability of the Facility. 183.2 The QS draft pmvidc I'PI, with tbc.final dcsigner's/nianutndiirer's generator capability curves, protective relay types, proposed protective relay dating., main tree -lino diagratns, mineetive relay fundiuthl diagrams, arid nllcmaiing torrent acid direct-currentcicrnemgy diagnuns fur review and inspection 0 FPL no later than one hundred eighty calendar days prior to the initial synchronization date. 18.4 Assignment. lhis.Agreemcnt shall pure to the benefit of and shall he binding upon,theParties and their respective slIccessnrs arid assigns. This Agee/nail shall not be accigncd or transferred by citha Andy without the prior written conSeit ofthe other Pasty, such consent to be granted or ti•ithheld in such other Party'a role discretion. Any dircit or indirect chiutge of control of QS (Ocilla- voluntary or by operation or taw) shall be deemed tut assignmaht and stta11 require the prier burin at ciansccut of FPL. hhil illtstatidiug lhe.furcgoing, vsther, Party stay, wittotit the cuiisad of Me Mita. Party, assign rte het:ster this Agreement: (a) to 'any lender as. collateral sccurity fur obligations under,any financing documents entered into with such lender provided, QS shall be responsible for FPI,'sreasonable cads and nxpmacs associated with the review, negotiation, cxeadion and delivery of any documents or information pursuant to such Collateral a�cighqucnt, htelnding reasonable allomcys' fees (h) to an affiliate of such Party; 1.;!-,..A.44,4 that much affiliate's creditworthiness is equal to or bettcrYhan that of such Party (and in no event leers than hivessiniait (Trade) as determined reasonably by the non•assigning or non -transferring Party and provided, JaAher. that any such affiliate shall agree in writing to be bound by and to asaume the hamss and conditions hereof and any and all obligation's to the n- icoassignutg or nurt-eransfcrring Party arising or accruing hcrcunde Gum and atter the dale of such assumption. "Investment Grade" means BBB- or above front Standard & Poor's Corporation ar Baa2 or,abovc from MoodyInvestor Smites. 18. Disclaimer in excaning this Contract, FPi. dots nil, tior shouldit be consimal, to extend its credit ur fhmmcial tampon Inc the benefit of any third parties lending money to or having other transact ions wiih etre QS nr any asmignce of This Contract. (Continued on Sheet No. 9.046) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September.13, 2016