B3CV-10-C unit sizes to Selection and ordering data contin Bevel-helical speed reducer B3

Flender/Flender Gear Units/Bevel-helical speed reducer B3

pect Vernons facilities. 1. Bicent has provided Vernon with ritten and oral no tice of its breaches of the ITSA and Vernon has failed to remed iate any of its breaches. 1. Bicent has fully performed its obligations under and has not br eached the ITSA and knows of no excuse for Vernons breach. 1. The PPTA, and its amendments, constitute valid and binding wr itten agreement between Bicent and Vernon. The PPT provides, among other thing , that Vernons breach of its obligations under the ITSA is an independent breach of the PPTA . 1. Bicent has provided Vernon with not ice of its breach of the PPT and Vernon has failed to remediate this breach. 1. Bicent has fully performed its obligations under and has not br eached the PPTA and knows of no excuse for Vernons breach. 1 2 3 4 5 6 7 8 9 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 Case No. ____________ VERIFIED COMPLAINT 1. Bicent has suffered damages as esult of Vernons breach of he ITSA and PPTA, including by repeated damage to he Facility, rep air and outage costs, reduced or lost Energy Payments, reduced or lost Capacity Payments, and reduced or los Heat Rate bonuses. Bicent requests compensatory and punitive damages, together with inter est and other sums due thereon and that Vernon be found in default under the PPTA and ordered to make the Termination Payment thereunder, equal to the net pr esent value of all amounts that would be due Bicent under the PPTA. Second Cause of Action: Breach of Vernons CAISO Scheduling Coo rdinator Obligations and CAISO Tariff as incorporated into the PPTA (By Bicent against Vernon) 1. Plaintiffs reallege each paragraph of this Complaint as if full set forth herein. 1. The PPTA, and its amendments, constitutes valid and binding ritten agreement between Bicent and Vernon. The PPT provides, among other thing , that Vernon will act as the CAISO Scheduling Coordinator on behalf of the Facility and in doing will comply with the CAIS