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ORDER NO. PSC -2021 -0252 -PAA -EQ
<br />DOCKET NO. 20210067 -EQ
<br />PAGE 21
<br />Attachment A
<br />Dirst Revised Slivel No. 9.043
<br />MAMMA PONVER & LIGHT COMPANY ComkOrighrall Shett No. 9.043
<br />(Cortfinatcl liato Sheet Nm 9.042)
<br />16.t. Except is otherwise provided in this Contract, each party shall be cxotiscrl from performance when its noliperforinance, was
<br />caused, directly orindirectly by an event of Force Majeure.
<br />16,2 fit the event of any delay or nonperformance resulting from an event of Force Majeure, fit.- party Claiming Force Majeure shall
<br />notify the other party in Writing Withiriltvii (2) Inisine,.;s days of the occurrence orille event OrForw Majeure, ref the stature,. cause, dare of
<br />commencement -thereof and the anticipated extent ofsuch delayand shall inchoate whether any deadlines or date(s), imposed hereunder may
<br />be atrwted thereby, The suspension of Infrolultilice shall be of no Slower Scope and of 110 greater duration than the clue 154"n, the Force
<br />Majeure rectlaires. Aparty claiming Force Majeure shat( not be entitled to any relief therefore unless and until conforriting notice is provided,
<br />'File party Wailuing Force Mujeuri shall notify the vitto- paity, of thc c-ossulioll of tile cycal of Force 1%'[UjttffV VY of Olt conclusi'vil of ale
<br />affectedparty's cure for the event ofForce Majeure, in either rase within two (2) business days diereof.
<br />163'the party claiming Force Majeure shall use its best efforts to cure die catisew prcvenfirig:its periormartoe orthis contract,
<br />ptovicied, hovvever, ale settlement of strikM lookolits and other labor disputes shall W entirely %!thin the discretion of the affeted party,
<br />and touch party shall not be required to settle such strikes, lochouts or other labor disputes by -acceding to dentandsm-fich such party deems to
<br />be unfavorable,
<br />. 16A If Hie QS suffers an occuircure ofart event of Force Majeure that. reditices the generating capability of. the Facility below (lie
<br />Committed Capacity, the QS may, upon notice to FPL, toniporatily adjust the colurnitted Capacity as provided in Sections 16,5 and 16A
<br />Such adjustinent shall be effective the first calendar day immediately rollowing FPL's receipt of. Hie lattice or such later date as may be
<br />specified by the QS, Funhermore,sitob adjustment, shall be The minimum amount necessitated by tile event of Force Majerre.
<br />16.51f the Facility is tendered completely inoperative as a result of Force Mtkietire. tile QS shall teurporatily set, the Conirnitted
<br />Capacity equal to 0 KNXT until such lim-- as the Facility can partially or fully operate at the Cormardled Capacity Heil cxisled prior to The Form
<br />Majeutc. if the Conintitted Capacity is 0 KNA1, FPL shall have no obligation to make capacity payments, hereunder,
<br />16,6 If at any time during die occurrence oran cvcnl of"Foloc MitJ clot or charria its cure, theTacilitytan partially or fully opmle,
<br />then the QS Shall remporwily set the Committed Capacity at the mcedmum capability that. the Facility can reasonablybe- expected toopenic.
<br />16.7 Upon the cessation ofthe cverit of Farce Majeure or the conclusion of fly cure for tile event of Force Majeare'the Cormirifted
<br />Capacity shall be restored to the CAnutilitled Caparily that existed innuediately prior to the Force Majeure. Notwithstanding any other
<br />provision of this Contract, upon such cessation or cure, VI'll shall have the right to Fectairea Cormnitted Ca yacit-, Test to derri6ris"te die
<br />Facility's compliance with the iciffirelumits ofthis section 16.7. Any Committed Capacity Test recliliked by FPL under dibs Section skAl be
<br />additional to any Corranitted Capacity Test under Section 53.
<br />16,8 Dining -tile occurrence of an event of Force Majeure and a reduction in Committed Capacity tinder Section 16.4, all Monthly
<br />Capacity Papilents shall reflect, pro rata,'the reduction in Cominitted capacity, laid the Monthly Capacity Pavilleittl will contintle to be
<br />calculated in accordance with the pay -for -performance provisions in Appendix 13.
<br />16.9 Tile QS agrees to tie responsible for and. pay the costs necessary .to reactivate the Facility arWot the mterconriection with.
<br />FPL's system if the same is (do) tendered inoperable duo to actions or the Qs, its agents, or Fmc* hiqjewc events affecting �ig th L QS, the
<br />racilily or die interconnection with FPL. FFL agrees to reactivate, at its own cost, the interconnection Willi tile Facility in circumliances
<br />Where any iriterruptiorts to such interconrectionsale caused by FPL or its agents.
<br />A Representations, Warranties, and Covenants of QS
<br />The QS represents and warrants that as of the EtTective Data raid for the term of this. Contra&
<br />17.1 Organizalic-di, Standing and Qualification
<br />The QS is a . ......... .... . .. (emporation, partnership, or other, as applicable) duly organized and validly existing in good
<br />standing under the Jaws of and has.rdl,neoessary power andaiabority to carry on its business as presently conducted, to
<br />own or hold trader lease its properties and to enter into and perform its obligations under this Contract and all other related document-, and
<br />agreements to which it i.,,:or sh-all be a Party. The QS is duly qualified or licensed to do business in the State of Florida and in all other
<br />jurisdictions wherein tile nalurc of its business and olicnifims or the character of the properties owned or ]eased by it makes such
<br />qualification or licensing necessary and where the failure to be so qualified or licensed would impair its ability to perform its obligation-,
<br />under this Contract or Would result in a material liability to or would have a material adverse effect on TTL
<br />(Continued on Sheet No, 9,044)
<br />Issued by: S. L Romig, DirtttorRnlesund Tariffs
<br />Mcilive: August 18,2009
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