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ORDER NO. PSC -2021 -0252 -PAA -EQ <br />DOCKET NO. 20210067 -EQ <br />PAGE 18 <br />Attachment A <br />Fourth Revised SlieetNo. 9.040 <br />1T LORi1)A PONVER & LIGHT COMPANY Cancels Third Revised:SheetNo.. 9.040 <br />;(Continued from Sheet'No. 9.039). <br />12. Default <br />Not.witlustanding the occurrence of any Force Majeure as described in Section 14, each ofthe. following shall constitute an Event of <br />Default: <br />12.1 The QS f ails to meet the applicable requirementsspecified in Section l of this Contract.; <br />12.2 lie 09 changes or modifies the Facility from that provided in Section 1 with respect to its lype, location, technology or fuel <br />source, without prior minen approval from FPI.,; <br />12:3 Atter the Capacity Delivery Date, the Facility faits. for twelve (12) consecutive months, to maintain an Annual Capacity <br />Billing Factor, as described in Appendix li, of at least ?0° o <br />12.4 The QS fails to comply with any of the provisions of Section 9.0 hereof (Cornpletion<perfotmance Security). <br />12.5 The QS fails to comply widn anyofthe provisions of Section 10.0 hcteof (Tettrrination Security);, <br />12.611e QS ceases the conduct of active business; or ifpromdings raider the:fedenil bankruptcyiaw, or insolvency laws shall be <br />inslinttad by or for or`against the QS or if a receivcr shall be appointed for the QS or tiny *fit, assets or properties; or if'any <br />part of the QS's assets shall be attached, levied upon, ercurnbemd, pledged, seized or taken under any judicial process, and <br />such proceedings shall not be vacated or fully stayed within 30 days thereof; or if the Qs swill mike: an.assignmeru for the <br />benefit of creditors, or adruit in writing its inability to pay its debts as they become due, <br />12:7 The QS faits to give proper assurance acceptable to FPI, of adequuateperformance &,; specified under this Contract within 90 <br />days after FPL; with reasonable grounds for insecurity; has requested in writing such assurance-. <br />12.8 '1'he QS materially Lids to perform as specified under this Contract, including, but not limited to, the QS's; obligations under <br />any. part.of Sections 8, and I& <br />129 The QS faits to achieve the perrtnitting; licensing, certification; and all federal; state azul -local governmental environmental and <br />licensing approvals required to initiate construction of Ute Facility by no later than one year prior to Guaranteed Capacity Date. <br />1210 The QS fails to comply with any of theprovisions of Section :18.3 hereof (Project Management). <br />12.11 Any efthe representations or warranties made by the QS in this Contract is false or tunsleadung:in any material respect. <br />12.12 The occurrence of an event of default by the QS tinder the Interconnection Agreement .or, any applicable Wheeling' <br />Agreement; <br />12.13 The QS fails to satisfy its obligations under Section 18.14 hereof (Assignment).. <br />.12.14 The QS fails to deliver to FPL in accordance with this Contact any energy or firm capacity required to be delivered <br />hereunderr or the dcliveryor :stole ofaity such energy and'firm capacity to ani=entity oder than FPI.. <br />12.15 The QS fails to periorsnany material covenant or obligation under this `Contract not specifically mentioned in this Section <br />12. <br />12,16 it at any Time after the --Capacity :flivary hate, the QS reduces'the Ciannuitfcul,Calwciiydcte to-trtr eyeni of Force Maicure <br />and: fails to repair the Facility and reset the Committed Capacity to the level set forth in S&tion 5:1 (as such level may W <br />reduced by Section s 3) within twelve(11)months following the Occurrence cif such -event of Force Majeure. <br />(C'outuwed on Sheet No. 9:041) <br />Issued by! IS, P. Roinigi Director, Iivatet and Tariffs <br />Effective: September 13, 241;8 <br />l (2, <br />