Bevel-helical gear unit B2 J in kgm relative to the high speed shaft HSS Mass B2-HV4A

Flender/Flender Gear Units/Bevel-helical gear unit B2

Ms. Nguyens) motivation evidence of which will come out in discovery our assumption is that the misconduct and gamesmanship is designed to frustrate and interfere with Bicents ability to perform and obtain its benefits under the PPTA so th at the City, which has had well -documented financial difficulties in the past and may face the risk of financial difficulties in the future given trends in commodity prices , can avoid it continuing and future financial obligations under the PPTA. Bicent has fully complied and intends to continue to comply with its obligations under the PPTA. The City, however, is now in default of the PPTA and liable for immediate payment of all Losses and Costs incurred by Bicent , including the present value of ll payments due over the remaining term of the PPTA , which is roughly $3 million, plus costs and attorneys fees . This letter provides formal notice of the Citys default and seeks information and assurances from the City as described below. November 1, 2 Page 3 . BACKGRO UND . The PPTA On April 1, 2, Bicent acquired the Citys interest in the combined cycle natural gas - fired genera ting facility known as the Malbu rg Generating Station (the Facility). Concurrently, Bicent and the City entered into the Power Purchase Tol ling Agreement (PPTA), pursuant to which Bicent agreed to sell and deliver exclusively to the City, and the City agreed to purchase electricity generated by the Facility, as well as other ancillary services (the Product). The PPTA has been amended fou times, most recently on October 3, 2. The PPTA has fifteen -year term, which Bicent has the option to extend by an addit ional five years. PPTA 2.1. As relevant here, the PPTA defines the parties rights and obligations regarding () scheduling of Outages, often to conduct necessary repairs; (ii) coordinating such outages with the California Independent System Operator (CAISO)2; (iii) operational testing of th