B3CV-22-C by weight of gear unit on request Flender GmbH Bevel-helical gear reducers B3

Flender/Flender Gear Units/Bevel-helical gear reducers B3

placement Energy Delivery Point for Substitute Energy. Energy Replacement Price means the price at which Buye , acting in commercially reasonable manner, obtains delive ry at the Energy Delivery Point of replacement Energy for any Contract Energy not delivered by Seller, plus () costs reasonably incurred by Buyer in purchasing such replacement Energy, including CAIS charges, and (ii) additional transmission charges, if any, reasonably incurred by Buyer to receive such replacement Energy at the Energy Delivery Point, or at Buyers option, the market price at the Energy Delivery Point for such replacement Energy as determined by Buyer in commercially reasonable manner, less Buyer' avoided cost of fuel (but in cluding costs reasonably incurred by Buyer in connection with reselling or remarketing such fuel); provided however, that in no event shall such price include any penalties, ratcheted demand or similar charge , nor shall Buyer be required to utilize or change its utilization of its owned or controlled assets or market positions to minimize Sellers liability; and provided further that nothing in this Agreement sh all diminish any duty to mitigate damages applicable to Buyer under common law. Equitable Defenses means any bankruptcy, insolvenc , reorganization and other laws affecting creditors rights genera lly, and with regard to equitabl remedies, the discretion of the court before which proceedings to obtain same may be pending. Equivalent Operating Hours has the meaning set forth in the Services Agreement between Siemens Demag Delaval Turbomachinery, Inc., Delaware corporation, and Buyer, dated September 2, 2. Escalation Percentage means the annual percentage change (rounded to four ( decimal places) in the Gross Domestic Product Imp licit Price Deflator, as reported in the Survey of Current Business published in January of each year, and revise thereafter, by the Bureau of Economic Analysis, United States Department