Transportation Agreement Uses in Effect of Receipt of Partial Draw and Termination of Transportation Agreement Clause

Effect of Receipt of Partial Draw and Termination of Transportation Agreement from Mutual Release Agreement

This Mutual Release Agreement (the "Mutual Release Agreement" or "Agreement") is executed as of this 31st day of March 2003, by and between Florida Public Utilities Company, a corporation incorporated under the laws of the state of Florida (FPUC), Lake Worth Generation, LLC, a limited liability company organized under the laws of the State of Delaware (LWG), The City of Lake Worth, a municipality located within the State of Florida (the City) and The AES Corporation, a corporation incorporated under the laws of the State of Delaware (AES).

Effect of Receipt of Partial Draw and Termination of Transportation Agreement. FPUC, LWG, the City and AES hereby acknowledge and agree that upon receipt by FPUC of the funds from Fleet Bank in FPUCs account, in the amount of the partial draw requested pursuant to the Drawing Certificate and the Sight Draft, (i) FPUC shall have no further rights under or claims pursuant to the Letter of Credit, (ii) the Transportation Agreement shall be deemed terminated, and (iii) each of FPUC, LWG, and the City individually shall have no further obligations under said Transportation Agreement.