|
ORDER NO. PSC -2021 -0252 -PAA -EQ
<br />DOCKET NO. 20210067 -EQ
<br />PAGE 22
<br />Attachment A
<br />Second Revised Sheet: No. 9.044
<br />r,IA)RTDA POWER & I,IZ :IIT CONAPAW Cancels First Sheet No. 9.043
<br />(C'ordira e—d from Shed No,.4A43).
<br />17,2 1?ue.AulInSriratiart No Approvals, No Dcratflis, etc:
<br />Each 'of the execution delivery and performance by the QS of this Contract'lim been duly'authorized by all necessary action oil file
<br />part of QS, dors net :require any approval, except as Inas 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 ofany indetrtcduess orother
<br />Obligation of the QS, except for such its have been duty Obtained, and does not contravene or constitute a default under any law, the
<br />(attieles of incorporation, bylaws, or other as applicat-le) or the QS, or anty-agreetucaa, judgnicni, injunction, order,
<br />decree or oiler instrument binding upon the QS, or subject the Facility or any component part 0terroftoany lien outer than as contemplated
<br />o permitted by: this Contract. flus Contract cunsUlikles QS's legal,.valid and binding,obligaGtm, enforceable !, : lstit in aoeordwpo, Jith
<br />the terms hereof, except as such enforceability may be limited by applicable bankniptcy laws from time to time in effect that affect creditors'
<br />rights.gerieral.ly or by general principles of equity (regarclless of whether such enforcement is considered in equity or at law).
<br />17:3::Compliance with Lawsr
<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.expmssly contemplated herein, neither the execution and delivery by the QS of this Contract, nor the consurtirnation 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 filing of any document with, or the taldng of any other action in respect of governmental authority, except in respect of fiermits
<br />(a) which have already been obtained and are in frill force and effed or (b) are not yet required (and with respect to which the QS has no
<br />reason to believe that the same ivill not be readily obtainable in the ordinary course of business upon due application therefore).
<br />17.5 No Suits, proceedings.
<br />There: are no action, shits, proewfinp or investigations p n ding or, to the knowledge of the QS, threatened against it at law or in
<br />equity before -any court or tribunal of like, United States or any otherjans&fi nrwhich individually or in the aggregate could result -in any
<br />materially adverse effect on the QS`s business, -properties, -or russets or its condition, financial or otherwise, or inrany impairment of its ability
<br />is perfcmn its of ilaatic newt ler dais C t+ntract. The QS has no knowledge Ora violatiork or default with respect to any law whichcouldresuh-
<br />in any sttcii materially adverse efi'ect or impaiinncWt The QS is octan breach of, in defoult under, or in violation of, any applicable Law, or
<br />the provisions of any authorization, or in breach o& in defaulta ndcr, or in violation o& or in conflict with any.provision of any promissory
<br />note,-indentire or any evidence -of indebtedness or seeurily therefore, lease, contract, or other agreement by which -it is boruai, except for airy
<br />such breaches, defaults, violations or conflicts whited, ,individnally or in the aggregate, could not reasonably be expected to have a material
<br />adverse effect on elle business or financial condition offtyur or its ability to prrfotni its obligations hereunder.
<br />17.6 Envircvtmental Nutters
<br />17:6.1 QS:Representations
<br />To the best of its kwwiedge aftef diligent irigtury, the QS knows of no (a) wdsting violations of tiny euviromnental laws at. the
<br />aeiliry, including thosegoverninghazardous materials or (b) pendingongoing, or tairei olvedadministrative.or enforcement investigations,
<br />compliance orders, claims, demands, actions, or other litigation brouglilby govenmilental authorities or otter third parties alleging violations
<br />of: any environmental law or permit which .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 generatic.. of
<br />the Facility, including but not bruited to, any and all renewable energy certificates, "green tags" or other tradable enilronmental.interests
<br />(collectively "RECs'j, of any description.
<br />(Continued on Sheet No. 9.045)
<br />Issued by: S. E. Romig, Director, Rates and Tariffs
<br />Effective: August 18, 2009
<br />L -2A
<br />
|