08/17/2021 - Laserfiche WebLink

Home Browse Search

ORDER NO. PSC -2021 -0252 -PAA -EQ DOCKET NO. 20210067 -EQ PAGE 17 Attachment A First Re,.,ktd Sheet Pio. 9.039 FLORIDA T'0WER .4r I.JGW COMPANY Cancels Original Sheet .No. 9.0:19 (Continued from Sheet"No. 9.035) 10.1.4 Atter the close of each calendar quarter 04arch 31, June 30; September 30, and December 3'1) occurring subsequent tb the Capacity Delivery Date, the QS shall provide to FPL within ten (10) business, days of the close of such calendar rpu�rtter with written as rrnrtice and dacurnemauon (the "Security Dax;untetuation"), in form ar d substance acceptable to FPL, fiat the anxtiiint of the rtxrst recently provided Termination Security is niflicient'to cover the brdanoc of the Temtination Fee, In addition to Gte foregoing, s't any atrte_duattg tate term of this Contract, FPL shall have tare right to request, and the QS shall be obligated to deliver within five (5) busing days of such request, such Secnitity laocumentation.:Fail re by the QS to comply with tfta requiretrlents of this Section 10x.3 dull be p,rorurt4s for FPL to draw in full on any ekisting Termination Fee Letter of Creditor Temrination Fee Bond or to retain any Termination Fee rash Collateral; aril . to exercive any other rerucdics-it. may have hereunder to bc:apptied against any'ferarunation Fee that array be:dae and owing to EPL or that may in the More be due and owing -to FP.L, 10:1:5 Upon any teragination of this Contract'folloivnip, the Capacity DOIivery;Date, 'FPL strati 1 b entitled to receive ( and int he case of the Ternunation Fcc letter of Credit or Termination Fee Bond, draw upon such Termination Fee Letter of Credit: or.TerminatitarFee Bond) and retain one. hrurrh cl.facrcEurl: (100%) of ihc'ferrrntrat on. Security to be applied against any Termination Pee that ntaybe.due Arid owing to -FPL or tharmay in the future`bc this and owing to FPL. FPL will natnsfer to the QS arty proceeds and Tarritdnartiou Security remaining rafter liquidation, set-off andfor application under Ills Article .after satisfaetion in- full of all amounts payable by, -the -_QS with respect to any Tannination.Fee or other obligations due to FPL; the QS in events will tentain liable for anyarhroruds reirisaining Unpaid, after a anyliquidation, set-off anchor application under this Article, 10.2 The QS, as the Pledgor of the Termination Scrarrity, hereby pledges to FPL; as the secured Party, as security for the Termination Fee, and gr5nts to FPL a first priorify continuingsecurity interest in, Tien on and right of set off against all Ternwtalion Security transferred to or received by PPL hereunder; Upon the transfer or return by FPL to the QS of'Terninration Security, the security iritered and: tient granted hereunder on that Tenttination Security will be released inunediately and, to the emeat possible, without any further action by either party, - - 10.3 Julien ofa�interest, dividends or other anio ants paid or deed to have been paid with respect to Ternunation_Fee Cash - Collateral held by FPI.: (all:of which rally be retainers by FPL), VPI., will transfer to the QS on a tooliddy basis frte Interest Agnount, Purnmau to Section 9.7. It. Performance Factor FPL desires to provide an incentive to Elie Q5 to operate rite Facility during on -peak and otP-pea6 -periods in -a ntarnrer whiolr approximatesihe projected performance of FPL`s Avoided Unit. ;A formula.to achieve this objective is attached as.App rtrlix B. (Con mired on Sheet No, 9.040) Issued by: S. F:Romig,> I,rector, Rates and.Tariffs. Effective:: September 13;2016