Flender/Flender Gear Units/Bevel-helical gear unit B3
r at time to be reasonably agreed upon by the Parties. Each Party shall be entitled, at their own expense,

to hire an independent engineer mutu ally agreed upon by the Parties to witness and oversee any Adjusted Contract Capacity

Test to confirm the accuracy of the results. For purposes of this Section 7.2 , it shall not be unreasonable

for uyer to withhold its consent to any 2 LA\1.2 testing from June 1 through October 3 in ny given

year, unless otherwise required by Governmental Authority. Section 7.3 Effect of Adjusted ontract Capacity Test . As the result of an Adjusted Contract Capacity Test, the Adjusted Contract Capacity then in eff ect shall be adjusted to reflect the demonstrated Capacity of the Facility, and the Contract Capacity for which Seller is paid shall be adjusted on pro rata basis; provided , however , that, subject to the provisions in Section 3.3 regarding the Prod Mod, Adjusted Contract Capacity shall not be increased above the degradation schedule set forth in Appendix , nd Contract Capacity sh all not be increased above 1 MW. ARTICLE VIII OPERATIONS AND MAINTENANCE Section 8.1 Sellers Operation Obligations . Section 8.1.1 Seller shall operate the Facility in accordance with Applicable Law, Required Permits and Good Utility Practice. Section 8.1.2 Seller shall maintain daily operations log for the Facility which shall include information on power production, fu el consumption and effi ciency, availability, maintenance performed, outages, changes in operating status, inspec tions and any other significant events related to th maintenance and operation of th Facility. In addition, Seller shall maintain all records applicab le to the Facility, including the electrical characteristics of the generators and settings or adjustments of the generator control equipment and protective devices. Information maintained pursuant to this Section 8.1.2 shall be provided to Buyer within fifteen ( Cal