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ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 16 Attachment A Page 11 of 42 First A �t�ltti# aneels titalY1b ritl# 9 � In €��'z1?ti other amoui>is paid'�t deems te9� bti paid with respect to Caslt�l iij byFlrLt o1`wirichrrmybeietainedhy.Fl ,. wt)litransferio#hsQiSetlamonthlybailsthe t'inoiint ascalctdate l7 F I. "Interest:Antount"means, with respect to eUhmontblyperlod, the: aggregate sum of the amounts of interest calculated for each day in that meffMy period on the principal amount of Cash; Collateral held by FPL on that day, detemnned by FPL for each such dayas follows:` tha:a noantof fl OshCollateral on that day; multiplied by { ) the Interest Rate in <:eirect for that day; divided by(z) 3.60. "InterestRate" means: tete F Herat Funds Qvemightrate as from time to timetift eded, "Federal Finds Overnight Bate"means'for the relevant determinatiat, dak4w, trite opposite the; caption "Federal Funds (Effective)" as set fcitit fd'that day in the weekly statistical release" ' "` od as H15 (3191 or any successor publication, published by the BoardofGiwemorsof, the Federal Reserve System. if on tiietennirtation date such rate is not yet published in 11.15. (519), the rate fbr that date will be the rate set in Composite 3:30 PAL Otariaftons for U.S. Government: Securities for that day under the caption "Federal Funds/.Effective Rate," If on the detemutt� A such rate is_notyet published in either H.15 (5i4j buComposite 350.'P. M. Quotations for U.S, Government Securities, the -tate for that date will be determined as if the Parties had specified"UM-Federal Fu" -Reference Dealers" as the applicablerate. iii Termination Fee 10.1 ,Aft*verd that tho'Qg-reodves capacity payirtents pursuant to Caption B, E)pticdt C, Optidti D of Option E (tis sdGb options are defined in Appendix A and elected by the QS in Appendix F) or receives energy payments pursuant to the Fixed Firm Energy I'ayrnent Option (as such option is defined in Appendix and elected by the QS in Appendix F..)'then, upon the tennination of this Contract; the QS shall owe and be liable to FPL for a termination fee calculated in accordance with Appendix C (the "termination Fee's. Tile QS's' obligation to pay the Termination Fee shall surVive the termination of this Contract. FPL shall provide the QS, on a monthly basis, a alVidafitnt ofthe.Temunatitai Fee. 101J. The Termination Fee shall bo.secured (with the exception of goverr=mtal soul waste.facr7ities covered by -4. Z-17.091 in which case the QS may use an unsecured written commitment or promise to pay, in afeim reasonably accep. by the IoW goverunent which owns. the Facility or ott,Whose behalf the QS operates the Facility, to secure its obligation top t ia8ti4tunation Fee) by the QS by: (a) an unconditi onal, irrevocable, standby letter(s) of credit issued by Qualified Issuer in form and subs vvmWtdble to FPL (liodum ding provisions (a) pentting partial and full draws and (b) permitting FPL to draw upon such letter of credit, i ft -ah letter.. of credit is not renewed or replaced at least thirty (30) business days prior to its expiration date, (°femrination Fee Letter ; (b) a bond, issued by a financially sound Company and in a form and substance acceptable to FPL, CTermination Fee BoaMm,00, a cash, Collateral deposit witl}l RL ("fe rilination Fee Cash Collateral') (any Qf_a bj, or (c), rife ermination Security"j. lall-rhe sped fie security instrumentselected by the Q3 for purposes of this Contract is: C. ��errnination Fee Letter of Credit ( )Tenrrination Fee Bind' )Teem&"onFeeCashCollateral 10.1 FPL shall hW0 tlie,l light 16 monitor the financial eonditimftj the issuer of a Termination Fee Letter of Credit in the'. case of arry T'etrnination Fee Letaer of Credit and (ii) the insurer(s), in the:case.d.any Termination Fee Bond In the: event the issuer of a: Termination Fee Letter 4-1G twit longer a Qualified Issuer or the issuer of aTerniination Fee Bond is:nolonger financially sound, FPL may require the QS ta:Apl -011 the Termination Fee Letter of Creditor the Termination Fee Bond, as applicable. In the event that FPL; notifies the QS tha -ft-requires such a replacement, the replacementTemrination Fee Letter of Creditor Termination Fee Bond, as applicable;, must be issued by a Qualified Issuer or financially sound company within ten (10) business days following such notification. Failure by the. ,4,QS,Jb comply with the requirements of this Section 10. 1.2 shall he grounds- for FPL to draw in full on arty existing Termination Fee Letter Of Credit or Ternunation Fee Bond and to exercise any odder remedies it my have hereunder. Issued mrd& ** T