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ORDER NO. PSC -2023 -0180 -PAA -EQ
<br />DOCKET NO. 20230046 -EQ
<br />PAGE 21
<br />FLORM POW.IR 4, LIGHT COMPANY
<br />Attachment A
<br />Page 16 of 42
<br />First Revised Sheet No. 9.043
<br />Cancels Original Sheet No. 9.043
<br />(Continued from Sheet No.,95 4)::
<br />161 ,111iaaept as otherwise provided in t ortiract each party shattlt4 $thYC woe'-Vdl tl, is nonperformance was
<br />caused, directly or indirectly by an event of Force Majeure.
<br />16.2 In the event of any delay nonperformance resulting from an event of Force Majeure, the party claiming Force Majeure shall
<br />`#attic, the other party in writing within two (2) business days of the occurrence of the event of Force Majeure, of the nature, cause, date of
<br />eommencement thereof and the anticipated extent of such delay, and shall indicate whether any deadlines or date(s), imposed hereunder may
<br />'be affected thereby. The suspension of performance shall be of no greater scope and of no greater duration than the cure for the Force
<br />Majeure requires. A party elainung Face Majeure shall not be entitled to any relief therefore unless and until cotfomr8ng notice is provided.
<br />The party claiming Force Majeure shall notify the other party of the cessation of the event of Force Majeure or of the conclusion of the
<br />affected party's cute fi tt-thea-;o0oroeItilajewe in either case within two (2) business days thereof.
<br />'16.3 The party claiming Force Majeure shall use its best efforts to cure the cause(s) preventing its performance of this Contract;.
<br />vvivided,.lwwever, the settlement of strikes, lockouts and other labor disputes shall be entirely within the discretion of the affected partyi.
<br />and StIch'party shall not be required to settle such strikes, lockouts or other labor disputes by acceding to demands which such party deems to,
<br />'tietrrifavorable:
<br />16.4 If the QS suffers an occurrence of an event of Force Majeure that reduces the generating capability of the Facility below the
<br />Committed Capacity, the QS may, upon notice to FPL, temporarily adjust the Committed Capacity as provided in Sections 16.5• and 16.6.
<br />Sitch adjustment shall be effective the first calendar day immediately following FPL's receipt of the notice or such later date as may be
<br />specifiedby, the QS: Furthermore, such adjustment shall be the minimum amount necessitated by the event of Force Majeure,
<br />'16.5 If the Facility 3srendered completely inoperative as a restilt of Force Majeure, tfie §8 s -temporarily set the Committed
<br />Crrgad r'erpual to 0 RW until such time as the Facility can partially or fully.operate at the Commttted Capacity that existed prior to the Force
<br />Majt If the Comnttutred Capaatyas 0 itVYt, li?l!atl:haue no obligation ta: 9epaety.pstytneta&.1}e,
<br />1Cr 6 If, at arty Brite tfmittngdme ot�tvtence uf'ait evantof Force Majeue"or durirrg its dire, the Factlit rian'partiaty't�l% tip rah;.
<br />titmt ll* QS "I temporarily set the Comnatted Capacity at the maximum capability that the Facility can reasonably be expected to operate.
<br />C '71.1pon the cessation of the event of Face Majeure or the conclusionof the cure for the event ofForce,Majeure, the Corrnmtted
<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, FPL shall havetheright to require a Committed Capacity Test to demonstrate the
<br />Facility's compliance with the requirements of this section I&I Airy Committed; Capacity Ie .ts gdured by FPL under this Section shall be
<br />additional to any Committed Capacity Test udder Section 5,3;
<br />1;5 t �, the occa s ofan't vent of Force7Aajeure and a reduetion'in 6 mrritted Capacity under Section ft * &Montiuy
<br />Capacity Payments shall refled. pro -rata, the reduction in Committed Capacity, and the Monthly Capacity Payments will continue to be
<br />calctflated in'acx oderl a v?r i the pay,„fitrt parfomance provisions in Appendix B.
<br />,16.9 The QS agrees to be responsible for and pay the costs necessary to reactivate the Facility and/or the interconnection with
<br />i P stem if thesameis (are) rendered inoperable due to actions of the QS, its agents, or Force Majeure evens affecting the QS, the
<br />f1' Ar the interconnection with FPL. FPL agrees to reactivate, at its own cost, the interconnection with the Facility in circumstances
<br />V*ftluty''lntemgrtions to suchintercorineclions are caused by FPL o its agents.
<br />1 liepresematious, Warranties, and Covenants of QS
<br />Tit QS.tepte..sents and warrants thpt as of the 49990ye Ilaie and fdrr the tetnt orttttiFi~'
<br />171qil io 4 S***, rad lW”
<br />The QS is & :(WIP—tio%pazfiidtft Or outer, as applicable) My organized and validly existing in good,
<br />standing: under the laws=ot', and has all necessary power and authority to carry or its business as presently conducted, to
<br />own or hold under lease its properties and to enter into and perform its obligations under this Contract and all other related documents and,
<br />agreements to which it is or shall be a Party, The QS is duly qualified or licensed to do business in:.the State of Florida and in other
<br />Jurisdictions wherein the nature of its business and operations or the character of the properties owned or leased by it intakes 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 />under this Contract or would result in a material liability to or would have a material adverse effect on FPL.
<br />(Continued on Sheet No. 9.044)
<br />Issued by: S. F Romig, -Director, Rates and Tariffs
<br />E feetive: Augu* *4 l9
<br />15'22
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