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ORDER NO. PSC -2022 -0203 -PAA -EQ
<br />DOCKET NO. 20220072 -EQ
<br />PAGE 22
<br />Attachment A
<br />First Revised Sheet No. 9.043
<br />FLORIDA POWER &r LTGTI,T C01II'ANS' Cancels Original Sheet tin 9-W
<br />(Continued from Meet No. 9.042)
<br />I6.1 Except as otherwise provided in this Contract, each party shall be excused from perfontance when its ndutperformance was
<br />caused, directly or indirectly by art event of Force Majcure.
<br />10.2 In the event of any delay or ta>nperfonnattce resulting from an event of Farce Majeure, the party claiming Force Majeure shall
<br />notify, the other party in writing within two (2) business clays of the occurrence of the event of Force Majeure, of the nature, cause, date of
<br />commencement thereof and the anticipated extent of such delay, and shall indicate whether arty deadlines or datc(s), imposed hereunder may
<br />W affected thereby The suspension of perfortran" shall be of no greater scope and of no greater duration than the cute for the Force
<br />Majeure requires. A party claiming Force AMajeure shall not be entitled to any relief therefore unless and until confonning notice is provided.
<br />The parry claiming Fames Majeure shall noti fy flic otter party of the cessation of tae event of Force Majeure or of the conclusion of die
<br />affected party's cure for the event of Force Majeure, in either case within two (2) business days hereof
<br />16.3 The party claiming Force Majeure shall rue its best efforts to cure the cause(s) preventing its perfonnance of this Contract;
<br />provided, however, the settlement of strikes, lockouts tutu other labor disputes slid] be entirely tivithin the discretion of die a4Cected party,
<br />and such party shall not be required to settle such strikers, lockouts or ether labor disputes by acceding to demands which inch pt;ariy dcerm to
<br />he unfavorable.
<br />16.4 if the QS suffers an occurrence of an .event of Fore,: Majcuue that reduces the ge.rmagrig capability of tie Facility below the
<br />Cotturatted Capacity, the QS may, upon notice in FPL, temporarily adjust the Counnined Capacity as provided in Sectio tis 16.5 acct 16.6.
<br />Such adjustment shall be effective the first calendar day itumediately following FPL's receipt of the notice or such tater date as nay be
<br />specified by the QS. Furdrentiore, such adjustment shall be the minimum amount necessitated by the event of Force Majeure.
<br />16.5 If the Facility is rendered completely inoperative as a result of Force Majeure, the QS shall temporarily set the Committed
<br />Capacity equal to 0 KW aurid such time as the Facility can partially or tidly operate at tate Committed Capacity that existed prior to the Force
<br />Majeure, if the Comrnittcd Capacity is 0 K W, FPL shall have no obligation to make capacity payments hereunder.
<br />16.6 IC at any time during the occurrence of an event of Force Majeure or daring its curd; the Facility can partially or fully operate,
<br />then the QS shall temporarily set the Cornrrnttcd Capacity at the rraxinium capability that the Facility cart reasonably be expected to operate.
<br />16.7 Upon the cessation of the event of Force Majeure or the conclusion of the cure for the event of Force Majeure, the Committed
<br />Capacity shall be restored to the Committed Capacity that existed immediately prior to the Force Majeure. Notwithstanding any other
<br />provision of this Contract, upon such cessation or. cure, FPI, shall have the right to require a Committed Capacity Test to demonstrate the
<br />Facility's compliance with the requirements of this section 16.7. Any Committed Capacity Test required by FPL under this Section shall be
<br />additional to any Committed Capacity Test wider Section 5.3.
<br />16.8 During the occurrence of an event of Force Majeure and a reduction in Committed Capacity under Section 16.4, all Monthly
<br />Capacity Payments shall reflect, pro rata, the reduction in Cotnmitted Capacity, and the Monthly Capacity Payments will continue to be
<br />calculated m accordance with the pay -for -performance provisions in Appendix B.
<br />169 The QS agrees to be responsible for and pay the costs necessary to reactivate the Facility and/or the interconnection with
<br />FPL's system if the same is (are) rendered inoperable due to actions of the QS, its agents, or Force Majeure events affecting the QS, the
<br />Facility or the interconnection with FPL. FPL agrees to reactivate, at its own cost, the interconnection with the Facility in circwustances
<br />where any interruptions to such interconnections are caused by FPL or its agents.
<br />17. Representations, Warranties, and Covenants of QS
<br />The QS represents and warrants flat as of the Elective tate and for the tern of this Contract:
<br />11.1 Organization, Standing and QialiSeation
<br />The QS is a (ewpora ion, partnership, or other, as applicable) duty organized and validly existing in good
<br />standing under the laws of and has all necessary prover and auathority to carry on its business as presently coruiucted, to
<br />own or hold under lease its properties and to enter into and perfdmu its obligations under this Contract and all other related d ocurnents slid
<br />agreenietts to which it is or stall be a Patty. The QS is duly qualified or licensed to do business in the State of Florida and in all other
<br />Jurisdictions wherein the nature of its Iws4tcss and operations or the character of the properties owned or leased by it makes such
<br />qualification or licensing necessary and where the failure to be so qualified or licensed would impair its ability to perform its obligations
<br />oder this Contractor would result in a material liability to or would have a material adverse effect cat FPL.
<br />(Coaitiumd on Sheet No. 9.044)
<br />Issued by; S, L Romig, Director, Rates and Tariffs
<br />Effective: August 18, 2009
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