|
ORDER NO. PSC -2023 -0180 -PAA -EQ
<br />DOCKET NO. 20230046 -EQ
<br />PAGE 18
<br />Attachment A
<br />Page 13 of 42
<br />Fourth Revised Sheet No. 9.040
<br />FLORIDA POWER & LIGM COMPAI+4', Cancels Third Revised Sheet No. 9.040
<br />(Continued from Sheet No:
<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 />ILI'nwo,fails to:meet the applicable requirements specified in Section I of this Contract.;
<br />12 T ta:t
<br />changes or modifies the Facility from that provided in Section 1 with respect to its type, location, 'technology or fuel
<br />so(Ift, without prior written approval, from. FPL.;
<br />iZ:J After the Capacity Delivery Date, the Facility fails, for twelve;X1�) o ci*Ve Months, to maintain an Annual;papjty
<br />tilling; Factor, as described in Appendix B, of at least 70%.; Ca
<br />12:4 The QS fails to:comply with any of the provisions of Section;9.0 hereof ompletiordPerformance Sects t '.
<br />12.S'-ftilstoeoi ywith:atgr 1he;Provisionsofseatiott:l
<br />12,'fl The'QS ceases the conduct of active busirmss; or if proceedings under the federal bankruptcy law or insolvency laws shall be
<br />instituted by or for or against the QS or if a receiver shall be appointed for the QS or any of its assets or properties; or if any
<br />part of the QS's assets shall be attached, levied upon, encumbered, pledged, sei7cd or taken under, any judicial process, and
<br />such proceedings shall not lie vacated or My stayed within 30 days thereof; or if the QS shall make an assignment for the
<br />benefit of creditors, or admitin writing its inability to pay its debts as they become due.
<br />12.7 The QS`fails to give proper assurance acceptable to FPL of adequate performance as specified under this Contract within 30'
<br />days after FPL, with reasonable. groundsfor insecurity, has requested in writing such wurance-.
<br />118 71* QS' tlkWolly faild.to; 0t -.as specified under Q iitciuding, but ri6t*(IW tl , tWQS's obligations under'.
<br />arty part ofSeeiiot s $, arts -1$.
<br />12,$TEra Q ",to achieve the pemtitting, licensing; certification, and all federal, state and local governmental environmental and
<br />iieen§iig approvals required to initiate construction ofthe Facilityby o later than one year prior to Guaranteed Capacity Date.
<br />U.,10711e QS fails to comply with any of the p"*.*, f ,Seo6ptt 1;8.3 Ftereof(Project Management).
<br />12.11 Any of the representations or wamvu es made *,,I to QSintfa`sbattract is false or misleading in any material respect.
<br />Al2 Thezecvmnce ofan event of defuiltby.the t under the. Interconnection Agreement or any applicable Wheeling
<br />Agreement;'
<br />12.13 Tile QS fails to satisfy its obligations under SecftJ#., .4 hereof (Assignment).
<br />A1,01 The QS fails to,deliver to FPL in accordance with this Contract any energy or firm capacity, `
<br />Wounder or the.def very orsale of any such energy and firm capacity to an.entityother tharti. :
<br />12:f�'1liat S to:lrerform:any material coveigdor. obligation under thisContract,rat'specifticilymeniiowdinthusSection
<br />12,
<br />it, 161f e€ a , ... e a �acity Delivery.Y3$te, fliE (2S 'ihie Committed Capacity due to an event of Force Majeure
<br />and fails to repair the Facitily and reset the Committed Capa*t to the level set forth in Section 5.1 (as such level may be
<br />reduced by Section 5.3) within;twelve (12) months following the occurrence of such event of Force Majeure:
<br />�e,ttlit._ 1Ri�f±{li
<br />Issued by: S. r;. Romig, Director,1"Wo"Tolm
<br />Effective: September IX2. 6
<br />
|