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ORDER NO. PSC -2023 -0180 -PAA -EQ DOCKET NO. 20230046 -EQ PAGE 23 Attachment A Page 18 of 42 Fourth Revised Sheet No. 9.045 !" &:11=C0141PANY _._. :eggR k fi 1045 (Continued from Sheet No. 9.044) 17.6.3 Changes in Environmental acid Governmental Regulations Ifnew environmental and other regulatory requirements enacted during the tern of the Contract change FPL's tall avoided cost of the unit on which the Contract is based, either party can elect to have the contract reopened. I771ntuconnedionJViflteeling Agreement Tice QS has executed an interconnection agreement v t M1 'or represents or warrants that it has entered into a va►id and enfotce�ile Interconnection Agreement with the utility in whose service area the"Mitt is located, pursuant to which the QS assumes contractual responsibility to make any and all transmissial-related arrangements (including controlittwa[tvj%:c9) between the QS and the transmitting utility for deliverytif tbe;,Facility's capacity and energy to FPL. ,19,8 Technolggynatt Generator Capabilities Thatfarthe,termofthisContracttheTechnology 'and Generator Capabilities tablesetforth inSection ,Iisaccurate and complete. i>� tatprtttvlsloria i�ij�E Viability To assist Min rimming the QS's financial and technical viability, the QS shall provide the information and documents requested in Appendix D or substantially similardocuments, to the extent the documents apply to the type of Facility coveted by this Contract, and to the extent the documents are available. All documents to be considered by FPL must be submitted at the time this Contract is presented to FPL. Failure to provide the following such documents may result in it determination of riot-viabilityby FPL. 1$tal'et"li K Site Control The QS herebyagrees to obtain and maintain Permits which the QS is required to obtain as a prerequisite to engaging in the activities specified in this Contract QS shall also obtain and maintain Site Control for the Terni of the Contract. 18 3Pmject Management b3'T If requested by FPL, die QS shall submit to FPL its integrated project schedule for FPL's review within sixty calendar days from the execution of this Contract, and a start-up and test schedule for the Facility at least sixty calendar days prior to start-up and testing of thin" Facility. "Riese schedules :shall identity key licensing, permitting, construction and operating milestone dates and activities. If requested by FPL, the QS stall submit progress reports in a form satisfactory to FPL every calendar month until the Capacity Delivery Date and shall notify FPL of any changes in moi,: schedules within ten calendar days after such changes are determined. FPL shall have the right to monitor the construction, start-up and testing of the 'Facilil k. either on-site or off- site. FPL's technical review and inspections of the Facility and resulting requests, if any, shall not be construed as, endorsing design thereof or as anywarranty as to Ute safety, durability or reliability of lite Facility. 1$1.2 lbe QS shall provide:FPL with the 'And designer'shnanufacturer's generator capability curves, protective relay types, propria protective relay settings, main one -line diagrams, protective relay functional diagrams, and alternating current and direct current' elementary diagrams fiNF review and inspection at FPL no laterthan one hundred eighty'cala)dar days prigs' to the injlal synchronization date. 18A Assignment This Agreement shall inure to the benefit of and shall be binding upon the Parties and their respective successors and assigns. This Agreemem'; shall not be assigned or transferred by either Patty without the prior written consent of the other Party, such consent to be granted or withheld in such other Party's sole discretion. Any direct or indirect change of control of QS (whether voluntary or by operation of law) shall be deemed an assignment and shelf: t Wire"the prior written consent of FPL. Notwithstanding the foregoing, either Party may, without the consent of the other Party, assign or transfer this Agreement: (a) to any lender as collateral security for obligations under any financing documents entered into with such lender provided, QS shall be rreVonsible for FPL's reasonable costs and expenses associated with thereview, negotiation, execution and delivery of any documents or information pursuant to such collateral assignment, including reasonable attorneys' fees (b) to an affiliate of such Party; pmvided drat such affiliate's creditworthiness is equal to or better than that of such Party (and in no event less than Investment Grade) as determined reasonably by the non -assigning orison -transferring Party and; provrdeat further, that;anysuch affilisle stall agree in writing to be bound by and to assume the terms and conditions hereof and any and all obligations to the non -assigning or non -transferring Party arising or accruing hereunder from and after the date of :such assumption. 'Investment Grade" means BBB- or above from Standard & Poor's Corporation orBaa2 or above from Moody's Investor Services. 11:S,019claimer In executing this Contract, FPL does not. nor should it be construed, to extend its credit or financial support for the bes(O p }Kitties lendipgmatpaay-to, or haying+ither trimsttetions with, the QS or any oissoctof this Coolralct. Issued by- Mat h,_ NS d0r.D1ree *.61bry s,,fi�l oaf"�sacf ar�rf�a�ems Ff% ctive: ,January 1,206 r3 Z4