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ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 17 Attachment A Page 12 of 42 First Revised Sheet No. 9.039 FLORIDA POWER,& LIGHT COMPANY Cancels Original Sheet No.. 9.039 (Continued from Sheet No.4fAM 1,0:1.4 After the close of each calendar quarter (March 31, June 30, September 30, and December 31) occurring subsequent to: the Capacity Delivery ]late, the QS: shall provide to FPL within ten (10) business days of the close of such calendar quarter with written. assurance and documentation (the "Security Documentation), in form and substance acceptable to FPL, that the amount of the most recently provided Termination Securityis.suflicient to cover the balance of the Termination Fee. In addition to the foregoing; at anytime dating the: term of this Contract, FPL shall have the right to request, and the QS shall be obligated to deliver within five (5) business days of such. ,teque<st, such Security Documentation. Failure by the QS to comply with the requirements of this Section 10. 1.3 shall be grounds for FPL to draw in fall on any existing Termination Fee Letter of Credit or Termination Fee Bond or to retain any Termination Fee Cash Collateral,: and to exercise any other remedies it may have hereunder to be applied against any Temtination'Fee that may due and owing to FPL or that S*yin the fature be dile and pvymg'to I PI;, 1 b t,5 Upon arty termination of this Contract 1bllov ft the Ci0& lVM1t"uety Date, FPL shall be entitled to receive (and in the V* offt-T44nination Fee Letter of Credit or Termination Fee Bond, draw upon such Termination Fee Letter of Credit or Termination F## 9 4 i and retain one. hundred percent (100%) of the Termination Security to be applied against any Terminatian Fee that may be due ani owmg to FPL or that may in the future be due and owing to FPL. FPL will transfer: to the QS any proc4 '*'1 Termination Securit$w 'remaining after liquidation, set-off and/or application under this Article after satisfaction in full of all dyable by the QS with respect to any Termination Fee or other obligations due to FPL; the QS in all events will remain liable is remaining`uupait any liquridati%4 o0*117and/or application under this Article. 10.2 The QS, as the Pledgor of the Termination Security, hereby pledges to FPL, as the secured Party, as secuuity for the: Termination Fee, and grants to FPL a first priority continuing security interest in, lien on and right of set-off against all Termination Secmuityi #tamferred to or received by FPL hereunder. Upon the transfer or return by FPL to:the QS ofT.ermination Security, the security interest and; 11 Itgmtifed hereunder on that Termination Security will be released immediateJy arid, to the extent Possible.; Without any further action by eitfiet'gc 103 In lieu of any inl�re dividends or other amounts paid or deemed tahave been paid with respect to TerminationYee Cash Cd lateral HOW byFPL (all of which may be retarded byFPi) PL will transfer td t1d:Q5.on a monthly basis the Interest Amount; Pursuant to Section 9.7. 11, Performance Factor FPL desires to provide an incentive to the QS to operate the Facility during on -peak and off-peak periods in a manner which, approximates the projected performance of FPL's Avoided Unit. A formula to achieve this objective is attached as Appendix B. (Contirmdon Sheet No: 9.040) �Yi'extive 'S`Cp11;+iG