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ORDER NO. PSC -2021 -0252 -PAA -EQ
<br />DOCKET NO. 20210067 -EQ
<br />PAGE 23
<br />Attachment A
<br />Tbird'RtA.will Silica No. 9.045
<br />F ORTIM i'MVER & LICTiT COMPANY C,anceta SeeoindRevised tShicet No. 9.035
<br />(Conlimued from SbectNo.,,9.044)
<br />13.63 Changes in Environmental and Governmental Regulations
<br />If new emtirorurnentat and other regulatoy requirements enacted during the tans of the contract dangc.FPL's full Avoided cosi or tine unit on
<br />which file Contract. is )rased, cithcr party canelect to have the contract reopened,
<br />17.71ntercoimertionRWllcelm¢ Agreanent
<br />The QS has executed in intercounedign a9rcenteii with FPI„ or tepresents or warrants that it has entered into a valid and cofurccabfe
<br />hnterconnecticar Agreement with the utility inwhose <crvice tariloty the facility is located, pursuant to which .the QS avalmes contractual responsibility to
<br />make any mrd all ttansitissiou-related arrangements flIcludingr conttoi area services) between dieQSand.the transntitting utility for delivery of the Facility's
<br />capacity all d.energy to FPL:
<br />17.8 Technology and Generator Capabilities
<br />That for dte:teim of this Contract die Technology and Generator Capabilities tattle set"forth in Section 1 is accurate and complete.
<br />18. General Provisions
<br />18.1 Project Viability
<br />To a si.q WL ill a sscssing the Q3's financial and technical viability, the QS shall provide the infomtation and documents requested in Appendix b
<br />or substantially similar document,, to the extent the documents apply tothe type of Facility covered by this Contract, and to the extent the documents are
<br />available. All documents to be considered by FPL niust he submitted at the time this Contract,is presented to FPL. Failure to provide the following such
<br />documents may result in a detennination of non -viability by FPL.,
<br />18.2 Permits, Site Control
<br />The QS hereby agrees fo obtain: and:mainfain Permits which the,QS is.required to obtain as a prerequisite to engaging in the activities specified in
<br />'this Contract. QS shall also obtain and maintain Site Control for the Term of the Contract.
<br />1$3 Project Managemcnf
<br />183.1 If requested by FPL, the QS :shall sulmrit to PPI, its integrated project schedule for FPL's review within sixty calendar days fruin the
<br />execution of this Contract, and.a start-up and lost sxhodule for the Facility at lemd, sixty calendar days prior to snag -op and icsting of the Facility. Thea
<br />mlic(l rles shall idcaril'y key licensing, pamliding, eon4rlction and Operating milestone dates and activitima, if retpiessed by FPI., the. QS shnll submit mlit prtgrc:,s
<br />reports in a fort mlist'aclory to FPL every, calendar month until the Capacity)>ehvay Nit and shall notify FPL orally changes In such schedule; within ten
<br />calendar days after such changes are detamined. FPL shall have the right to monitor the construction, start -tip mid testing of the Facility, either on-site or air-
<br />sitc: FPL's technical review and inspections of the facility and resulting requests, if any, shall not be construed as endorsing the design thereof or as any
<br />waranty as to die safety, -durability or reliability of the Facility.
<br />1932 The QS shall provide FPL with the final designa'stnranufacuna's generator capability curves, protective relay types, proposed protective
<br />relay settings, main one -line diagramik protective relay flniclimai diagrams, and alternating current and dirge -current elementary diagrams for review and
<br />Inspection at FPL no later than onehundred eighty calendardays priorlotthc initial synchronization date,
<br />I SA Assignment.
<br />This Agreement shall inure to the benefit of and shall be binding upon the Parties mid their respective stccecsos and assigns. This ngree»att
<br />shall not be assigned or transferrer) by either Porty withot thepriea written eonsait of the other Party. slat consent to be granted or withlicld ill such other
<br />Party's sole d srreliun. Any direct or indirect change of control of QS (whethervoluntary or by operation of law) s ball be deemed mi assignment mid shall
<br />require the prior wTltt.en consent of FPL. Notwithstanding the foregoing, either Party may, without (lie consent of die other Party, assign ortransfer this
<br />AgreanenC (a) to. any lender as collateral security. for obligations under any financing documents entered into with such lender. provided. QS shall be
<br />recjwnsiblefor FPl,'Srerstxtablecnats and evpahses as.40cfatod Uilh thercview, negotiation, execution aid delivery orally documents or information pursuant
<br />to such collateral assignment, including rawrinabli; ahomeys,' tees (b) to an affiliate of such .Party, hrvrvide.A that such afflhdc's: mifilworthiness is equal to
<br />or boner than that of stud Party (anti ill no event less than: invesgnart. Caade) as determined reasonably by the nor-m*ignmg or non-tran0'erting Party and:
<br />fptividvt further, dim any cinch 2t0liatc shall agree in writing to be bound by and to assunic the terms and conditions hereof and any mrd all obligations to the
<br />non -assigning or non•tmnsfarng Party arising or Accruing horemder from and after the date of such'asstmrption. "la%Wmair. Grade" means 131113 -'or above
<br />from Standard & Poor's Corporation. or 11aa2 or above from Moody's Investor Services.
<br />18.3 Disclammer
<br />Til executing this Cotttact, PPL does not, nor should it be coustmed, to extend its credit or financial suppott for the benefit of any third partles.
<br />lending money to, or having other transactions with the QS or:myassignee of tis Cantracl.
<br />(Continued on Shect No, 9,0016)
<br />Isetted by. S. L Romig, Director, Rates and Tariffs
<br />Wedive: September 13, 2016
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