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ORDER NO. PSC -2022 -0203 -PAA -EQ <br />DOCKET NO. 20220072 -EQ <br />PAGE 19 <br />Attachment A <br />Fourth Revised Sheet No. 9.040 <br />FLORIDA POWER & LIGHT COMPANY CanceLq 111rd Revised Sheet No. 9.040 <br />(Continued from Sheet No. 9.039) <br />12. Default <br />Notwithstanding the occurrence of any Force Majeure as described in Section 16, each of the following shall constitute an Event of <br />Default: <br />12.1 The QS fails to meet the applicable requirements specified in Section I of this Contract.; <br />12.2 The QS changes or modifies the Facility ftm that provided in Section I with respect to its type, location, technology or fuel <br />source, without prior written approval fiom FPL.; <br />12.3 After the Capacity Delivery Date, the Facility fails, for twelve (12) consecutive mirths, to maintain an Annual Capacity <br />Billing Factor, as described in Appendix B, of at least 70%.; <br />12A The QS Nis to cotuply with any of the provisions of Section 9,0 1kcreof(Cotopletioti,,Perromullc,: Security), <br />12.5 The QS fails to comply with any orthe provisions of Section 10.0 hereof (Termination Sectirity).; <br />12.6 The QS ceases the conduct of active business; or if proctedirWs under tire federal bankruptcy low or insolvency laws shall be <br />instituted by or for or against the QS or if a receiver " be appointed for the QS or any of its assets or properties; or if any <br />part of the QS'N assets shall be attached, levicil upcai6 cricumbercd, pledged, -.m'zcd or taken under any judicial process, and, <br />such proceedings shall not be vacated or fully stayed within 30 days thereof, or if the QS shall make an assignment for do <br />benefit of creditors, or admit in writitig its atithility to pay its dcbLs as they hLoorne chic. <br />117 The QS fails to give proper assurance acceptable to FPI. of adequate performance as specified under this Contract within 30 <br />days after HIL, with reasonable grounds for insecurity, has requested in writing such assurance-. <br />12.8 The QS materially fails to perforin as specified under this Contract, irtcluding, Ind not United to, the QS's obligations trader <br />any part of ctions 8. and 18. <br />12.9 The QS fails to achieve the pennittin& licensirig, certification, and all federal, state and local govermitental environmental and <br />licensing approvals required to mitiate construction of the Facility by no later than orae year prior to Guaranteed Capacity Datc <br />12.10 The QS fails to comply with any ofthe provisions of'Section 18.3 hereof (Project management). <br />1111 Any of the representations or warranties nude by the QS in this Contract is false cc misleading in any material respect, <br />12,12 The occurrence of an event of default by the QS tinder the Interconnection Agreement or any applicable Wheeling <br />Agreement; <br />1113 The QS fails to satisfy its obligations tinder Section 18.14 hereof(Assigranent). <br />1114 The QS fails to deliver to FPL in accordance with this Contract any energy or fine capacity required to be delivered <br />hemunder or the delivery or sale of arty such energy and flim capacity to an entity other than RL, <br />12.15 The QS fails to perform any material covertare or obligation under this Contract not specifically mentioned in this Section <br />12. <br />12.16 If at any time after the Capacity Delivery Date, the QS =times the Committed Capacity duo to an event of Form Majeure <br />and fails to repair The Facility and reset the Corranitted Capacity to the level set fath in Section 5.1 (as such level tray be <br />reduced by Section 5.3) within twelve (12) months following the occurrence ofsuch event of Force Majeure. <br />(Cmuititied on Sheet No. 9.041) <br />Issued by: S. L Romig, Director, Rates and Tariffs <br />Effective: September 13, 2016 <br />