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ORDER NO. PSC -2022 -0203 -PAA -EQ
<br />DOCKET NO. 20220072 -EQ
<br />PAGE 16
<br />Attachment A
<br />Ninth ReNised Sheet No. 9.037
<br />F'LORMA PONATIR & LIGHT COMPANY Cancels Eighth Revised Shret No. 9.037
<br />(Continued from Shed No. 9.036)
<br />"Moody"mearis Moody's hivestom Service, Inc, or its successor.
<br />"S&P" means Standard. Poufs Ratings Group(a division ofThe McGraw -[till Companies, Inc) or itssuccessor,
<br />9.2 The specific security instrument provided for purposes of this Contractis:
<br />Letter of Credit
<br />O Bon&
<br />Cash collateral.
<br />9.3 FPL shall have the right to intinitor (a) the furial coed nion of die issuer of a Letter of Credit in die event any Letter of
<br />Credit is provided by the QS, said (b) the insurer, in the case of any Bond. In the event the issuer of a Letter of Credit no longer qualifies as
<br />Qualified Issuer or the issuer of a Bond is no longer financially sound, FPL may require the QS to replace the Letter ofCredit or the Bond, as
<br />applicalak Such replacement Letter ofCredit or bond must be issued by a Qualified I.,wier (.it a financially sound issues, as applicable, within
<br />ten (10) business days following written notification to the QS of the icquircrucrit to iclAaw, Failure by the QS to courply with the
<br />requirements of this Section 9.3 "1 be grounds for FPL to draw in ftill on the exiAng Letter of Credit or bond and to ewei-d- any other
<br />remedies it nay have hereunder.
<br />9,4 Notwilhitanding the toregonis provisions or this Section 9, pursuant to FPSC Role 25-17,091(d), f,A,C., a QS
<br />qualifying as a "Solid Waste Facility pursuant to Section 377.709(3) or (5), F.S., respectively, may use an unsecured written commitment or
<br />promise to pay in a form reasonably acceptable to FPL, by the local government which owns the Facility or on whose behairibe Qs orates
<br />the Facility; to secure its obligation to achieve on a timely basis the Capacity Delivery Date and the satisfactory peiforniance of its
<br />obligations hereunder,
<br />9.5 FPL shall be entitled to draw the CompledowTerformance Security to satisfy any obligation or liability of QS arising
<br />pur.scart to this Contract,
<br />9.5.1 If the QS falls to achieve die Capacity Delivery Date on or befd idle in-service date or the Avoided Unit or such later
<br />date as permitted by FPL pursuant to Section 5,6, FPL shall be entitled irrawdiately to receive, draw upon, or rctian, as the case may be, one.
<br />hundred (l00%) of the Complegoul Performance Security as liquidated dainages. fircia from airy claim or right of arty nature whatsoever of the
<br />QS, including any equity or right of redemption by the QS. The Parties acknowledge that the injury that FPL will suffer as a result ot'delayed
<br />availability of Committed Capacity and energy is difficult to ascertain and that FPL may accept such sum as liquidated damagos; and resort
<br />to any other remedies which may be available to it under law or in equity.
<br />9.51 In the event that FPL requires the Q8 to perforin one or more Comniihed Capacity Test(i) at anytime on or before the
<br />first anniversary of the Capacity Delivery Date pursuant to Section 5.3 and„ in connection with any such Committed Capacity Test(s). the QS
<br />fails to demonstrate a Capacity of at least one -hundred percent (100%) of the Corritnitted Capacity set fath in Section 5. 1, FPL shall be
<br />entitled iminediately to receive, draw kilmn, or retain, as the case may be, (ine-hundred percent (100%) of flit: Courplebow'Perromiance
<br />Security as liquidated damages free firoul any Chinn or right of any nature whatsoever of the QS, including any equity cc tight of redemption
<br />by the QS.
<br />9.5.3 QS shall promptly, but in no event more than five (5) business days following any draws on the CQUIpletiOn/Performance
<br />Security, replenish the Coniplettowperforniance Security to the amounts required herein,
<br />9.6 The QS, as the Pledgor of the CompletionlPerlormanco Security, hereby pledges to FPL, as die secured Party, as security
<br />for the achievement ofthe Capacity Delivery Date and satisfactory performance of its otiligations, hereunder, and grams to FPL a first priority
<br />contioubig security interest in, lien on and right of set-off against all Canpletion/Perfortuance security transfeued to or received by FPL
<br />hereunder. Upon the transfer or return by FPL to Its: QS of Completion/Perlbrmancc Security, the security interest and lien granted
<br />hereuntlef an that Completionflierfortnance Security will be released immediately and, to the extent possible, without airy fluilber action by
<br />either party,
<br />(Confinuedon Sheet No. 9.039)
<br />Issin'UM: I I I I a 11V it -one n, jwector, Rates and -l'arills
<br />Ilthcrtitc .lune §, 2018
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