Common use of Provisions Incorporated by Reference Clause in Contracts

Provisions Incorporated by Reference. (a) If the Remarketing Agent has determined, based on advice of counsel, that applicable law, regulations or interpretations of the Commission make it necessary or advisable to deliver a current prospectus or other offering document in connection with this remarketing, the entirety of the Underwriting Agreement (other than the Schedules thereto and Sections [1], [5], [6] and [11] thereof and Subsections [7(e)], [7(h)], [8(c)(ii)] and [8(g)] thereof) shall be incorporated by reference into this Agreement and, to the extent they are relevant to a remarketing of the Subject Debentures, made applicable hereto, except as explicitly amended hereby; provided that (i) the following sentence shall be added at the beginning of Section 3(__): "The Remarketing Agreement, as (ii) the following sentence shall be added at the beginning of Subsection 4(__): "The Remarketing Agreement, as supplemented by the Supplemental Remarketing Agreement, constitutes a valid and binding agreement of FPL Group." and (iii) the following Section [11] shall replace Section [11] of the Underwriting Agreement in its entirety:

Provisions Incorporated by Reference. (a) If the Remarketing Agent has determined, based on advice of counsel, that applicable law, regulations or interpretations of the Commission make it necessary or advisable to deliver a current prospectus or other offering document in connection with this remarketingRemarketing, the entirety of the Underwriting Agreement (other than the Schedules thereto and Sections [1], [5], [6] , 9 and [11] 12 thereof and Subsections [7(e7(f)], [7(h7(j)], [8(c)(ii)] 8(g) and [8(g)] 10(b) thereof) shall be incorporated by reference into this Agreement and, to the extent they are relevant to a remarketing Remarketing of the Subject Debentures, made applicable hereto, except as explicitly amended hereby; provided that (i) the following sentence shall be added at the beginning of Section 3(__3(c): "“The Remarketing Agreement, as as supplemented by the Supplemental Remarketing Agreement, constitutes a valid and binding obligation of FPL Group Capital.” (ii) the following sentence shall be added at the beginning of Subsection 4(__Section 4(e): "“The Remarketing Agreement, as supplemented by the Supplemental Remarketing Agreement, constitutes a valid and binding agreement of FPL Group." ” and (iii) the following Section [11] 11 shall replace Section [11] 11 of the Underwriting Agreement in its entirety: