Flender/Flender Gear Units/Bevel-helical gearboxes B3
r 5, 2 Page 2 . THE CITYS BREACH OF THE PPTA IN CON NECTION WITH THE SCHEDULED GEAR SET

REPAIRS As detailed in the Notice of Default, the City (at Ms. Nguyens direction) has engaged in months long campaign

to delay repairs at the Malburg Generating Station (the acility ), which is in stark contras to earlier representations by

the City and its staff that the City will work with [Bicent] to effect successful outages, repair of the STG

and subsequent 2 outages. (See August 3, 2 . Hervish ePrice to . Richards. ) Incredibly , your December 1 letter accuses Bicent of being lackadaisical about the timing of the repairs while Vernon was not and suggests that the City has taken the lead in pressing to have the gear set repaired.1 This description of events is fanciful . Bicent ini tially scheduled the gear set repair for November 1, 2, the earliest possible date considering the gear set manufacturing lead time and blackout dates for scheduled outages during the summer months. Bicent was forc ed to reschedule the repair for December 3 based on Siemenss availability again at the earliest date Siemens was willing to perform the repair. Equally strange is your suggest ion that Bicent should have repaired the gear set over the Summer. The PP TA expressly forbids Bicent from scheduling or planning an outage from each June 1 through October 3 during the Service Term. PPTA 1.1. At no point did the City request an earlier repair or offer to waive this provision of the PPTA so that an earli er repair could be effected . Instead, the City agreed to the November 1 outage and expressly acknowledged the possibility that it might have to be extended to accommodate Siemens. Agreeing to the November 1 outage schedule, the Citys representative wrote on August 3 , 2 : Of cou rse we request any unforeseen updates which [] pertain to Siemens parts/staffing issues and subsequent possible scheduling modification as soon as you have that k