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ORDER NO. PSC -2022 -0203 -PAA -EQ DOCKET NO. 20220072 -EQ PAGE 18 Attachment A First Reused Sheet No. 9.039 FT,ORIDA POWFR & LIGHT COMPANY Cancels Original Shrct No. 9.039 (Cerrdnu ed From Sheet No. 9.038) 10,1A rifler the close of each calendar quarter (March 31, lune 30, September 30, and Mcember 31) occurring subsequent to the Capacity Delivery Date, die QS shall provide to FPL within tett (10) busatess days of the chase of such calendar quart" with written assurance and documentation (the -Security Dchcumentatio W), in form and substance acceptable to FPL, that the atnounrof the most recently provided Termination Security is sufficient to cover the balance of the Termination Fee. In addition to the foregoing, of any time durutg the term of this Contract, FPL shall lave the tight to request, and the QS shall be obligated to deliver within five (5) business days of such request, such Security Documentation. Failure by the QS to comply with die requirements of this Section 10. 1.3 shall be grounds for FPL to draw in hill on any existing Terrination Fee Letter of Credit o r Termination Fee Bond or to retain arty Termination Fee Cash Collateral, and to exercise any otter remedies it may have heremnder to be applied against any Terttinaticxh Fee that may be due and owirg to FPL or that may in the future be due and owing to FPL. 117.1.5 upon any termination of this Contract following tit-- Capacity Delivery Date, FPL shall be entitled to receive (and in the case of the Terttination Fee Letter of Credit or Termination Fee Bonin, draw upon such Tcmtinati(at Fee Letter of Credit or Termination Fcc Bond) and retain one- hundred percent (10044) of the Termination Security to be applied against arty Termination Fee that nay be dna and owing to FPL or that may in the tittta°e be dm and owing to FPL. FTL will transfer to the QS any proceeds and Tertrination Security remaining atter liquidation, set-off andtor application muter this Article after satisfaction in fill of all amounts payable by the QS with respect to arty Termination Fee or other obligations due to FPL; the QS in all events will rennin Gable for arty amounts remaining unpaid atter any liquidation, set-off andior application under this Article. 10.2 The QS, as the Pledgor of the Tenmination Security, hereby pledges to FPL, as the seemed Party, as security for the Termination Fee and grants to FPL u first priority contirntir>♦; security interest in, lien on and right of set-off against all Terrndration Security transferred to or received by FPL hereunder. Upon the transfer or return by FPL to the QS of Termination Security, the security interest arod lien granted heretander on that Temhiration Security will be released immediately and, to the extent possible, without any further action by either party, 10.3 In lieu of ar y interest, dividtmds or other arrimints paid or teamed to have been paid with ru5pecst'to Termination Fee Cash Collateral held by FPL (all of which may be retained by FPL), FPL will transfer to the QS on a truxuhly basis the Interest Amotart, Pursuant to Section 9.7, it. Performance Factor FPL desires to provide an incentive to the QS to operate the Facility during ort -peak and oft=peak periods in a manner which approximates the projected I-Parfornance ofFPL's Avoided Unit. A Formula to achieve this objective is attached as Appnxtix A. (Ckathniied on Sheet No. 9.040) Issued by: S. E. Romig, Director, Wile%and Tariff's Effective: Septetober 13, 2016 1,6