Flender/Flender Gear Units/Bevel-helical gearbox B3
s refusal to agree to the December 3 -1 outage, which is based not on Bicents scheduling preferences but on

the availability of third parties Siemens and Flender, and to notify CAISO seems alculated to prevent Bicent from repairing and

maintaining the plant exactly the sort of behavior that runs afoul of the doctrines of good faith and frustration. See,

. ., Wolf . Walt Disney Pictures & Television , 1 Cal. App. 4th 1, 1 ( . . Ms.

Nguyens Gamesmanship Regarding the Capacity Test Violates the PPTA and Demonstrates Its Bad Faith The Citys maneuvering regarding the Adjusted Contract Capacity Test confirms its bad faith and further violates the PPTA . Starting on November 7, he City accused Bicent of improperly re-scheduling the Adjusted Contract Capacity Test set for November 1 and repeatedly demanded that the test be performed on November 1 as the Parties had contemplated before Siemenss scheduling difficulties required he re -scheduling of the Fall Outage. The Citys insistence on November 1 made no sense, as the most convenient time to perform an Adjusted Contract Capacity Test is at the close of an outage period , when the Facility is offline and cooled down. Because this was the Parties long -standing practice, it would have generated the most useful and reliable test results. Moreover, it appears from Ms. Nguyens later November 1, 2 Page 1 correspondence that the City made these demands without providing CAISO the seven -day notice to erform such test. Nonetheless, the City continued to demand that Bicent perform November 1 Adjusted Contract Capacity Test up through November 1. In letter of that date, the Ms. Nguyen demanded that Bicent comply with its request of performing he Capacity test on November 1, 2, as originally scheduled and agreed to by all the parties. Ultimately , Bicent agreed to accommodate the Citys bizarre demand, at which point the City immediately reversed its position and refuse