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ORDER NO. PSC -2022 -0203 -PAA -EQ DOCKET NO. 20220072 -EQ PAGE 12 FLORIDA PONVFR & LIGHT COMPANY (Continue from Sheet No. 9.033) Attachment A Original Sheet No. 9.033.1 5.5.1 A certificate addressed to FPL from a Licensed Professional Engineer (reasonably acceptable to FPL in all respects) stating: (a) the nameplate capacity rating of the Facility at the anticipated time of commercial operation, which must be at least 94% of the Expected Nameplate Capacity Rating; (b) that the Facility is able to generate electric energy reliably in amounts expected by this Agreement and in accordance with all other tern s and conditions hereof; (c) that Start -Up Testing of the Facility has been completed; and (d) that, pursuant to Section 8.4, all system protection and control and Automatic Generation Control devices are installed and operational. 5.5.2 A certificate addressed to FPL from a Licensed Professional Engineer (reasonably acceptable to FPL in all respects) stating, in conformance with the requirements of the Interconnection Agreement, that: (a) all required interconnection facilities have been constructed; (b) all required interconnection tests have been completed, and (c) the Facility is physically interconnected with the System in conformance, with the Interconnection Agreement and able to deliver energy consistent with the terms of this Agreement. 5.5.3 A certificate addressed from a Licensed Professional Engineer (reasonably acceptable to FPI, in all respects) stating that QS has obtained or entered unto all permits and agreements with respect to the Facility necessary for construction, ownership, operation, and maintenance of the Facility (the "Required Agreements' j. QS must provide copies of any or all Required Agreements requested by FPL. 5.5.4 An opinion from a law firm or attorney, registered or licensed in the State of Florida (reasonably acceptable to FPL in all respects), stating, after all appropriate and reasonable inquiry, that: (a) QS has obtained or entered into all Required Agreements; (b) neither QS nor the Facility is in violation of or subject to any liability under any applicable law; and (c) QS has duly filed and had recorded all of the agreements, documents; instruments, mortgages, deeds of trust, and other writings described in Section 9.7. 5.5.5 FPL has received the Completion/Performance Security ((a) through (e), the "Commercial Operation Conditions"). FPL shall have ten (10) Business Days after receipt either to confirm to QS that all of the Delivery Date Conditions have been satisfied or have occurred, or to state with specificity what FPL reasonably believes has not been satisfied. 5.6 The QS shall be entitled to receive capacity payments beginning on the Capacity Delivery Date, provided, the Capacity Delivery Date occurs on or before the in-service date of the Avoided Unit (or such later date permitted by FPL pursuant to the following sentence), If the Capacity Delivery Date does not occur on or before the Guaranteed Capacity Delivery Date, FPL shall be entitled to the Completion/Performance Security (as set forth in Section 9) in full, and in addition, has the right but not the obligation to allow the QS up to an additional five (5) months to achieve the Capacity Delivery Date. If the QS fails to achieve the Capacity Delivery Date either by (a) the Guaranteed Delivery Date or b) such later date as permitted by FPL, FPL shall have no obligation to makMeany capacity payments under this Contract and FPL will be permitted to terminate this Contract, consistent w iththe terms herein, without further obligations, duties or liability to the QS. (Continue on Sheet No. 9,034) Issued by. Wtaar Cohen, Director, Rates and 'tariffs Effective: dune 5, 2018