0000950133-04-003182 Sample Contracts

AGREEMENT
Agreement for the Purchase of Firm Capacity and Energy • August 12th, 2004 • Indiantown Cogeneration Lp • Electric services • Florida

AGREEMENT (this “Agreement”), dated as of June 11, 2004, between Indiantown Cogeneration, L.P. (the “Partnership”) and Florida Power & Light Company (“FPL”) (each of the Partnership and FPL a “Party” and together, the “Parties”).

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TEMPORARY WAIVER AND AGREEMENT
Temporary Waiver and Agreement • August 12th, 2004 • Indiantown Cogeneration Lp • Electric services • New York

This TEMPORARY WAIVER AND AGREEMENT (this “Agreement”) is dated as of June 14, 2004 and is entered into by and among INDIANTOWN COGENERATION, L.P., a Delaware limited partnership (“ICLP”), INDIANTOWN COGENERATION FUNDING CORPORATION, a Delaware corporation (“ICFC”), and CALYON NEW YORK BRANCH (as successor-in-interest by consolidation to Credit Lyonnais New York Branch) (the “Agent”), as agent bank under each of (a) that certain Debt Service Reserve Letter of Credit and Reimbursement Agreement, dated as of October 10, 2003, among ICLP, the Agent, and the various other banks and institutions from time to time party thereto (as amended, supplemented, or otherwise modified from time to time, the “DSR LOC Agreement”) and (b) that certain Letter of Credit and Reimbursement Agreement, dated as of October 10, 2003, among ICLP, the Agent, and the various other banks and institutions from time to time party thereto (the “LOC Agreement”). Capitalized terms used herein without definition have the

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