Bevel-helical gear reducers B3 age onwards Approximate values exact data acc B3SH-12-C

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

O Tariff. 1. Vernon has breached the PPTA by failing to honor its Scheduling Coordinator obligations including by: . intentionally ignoring violating CAISO disp atch instructions ; . negligently failing to provide Bi cent with CAISO dispatch instr uctions by failing to monitor the CAISO Automated Dispatch System; . intentionally faili ng to notify CAISO of the November 1, 2, outage and Capacity test demanded by Vernon; . intentionally delayi ng notification of CAISO of the December 3 1, 2, scheduled outage in order to de lay repairs to the Facility. 1. Bicent has provided Vernon notice of its breach of the PPTA and Vernon has failed to remedy its 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 PPTA, including as result of damage and stres on the Facility, delays in rep airs to the Facility, repair and outage costs, costs for improper test ing of the Facility, reduced or ost Energy Payments, and reduced or lost Capacity Payments. Bicent requests compensatory and puniti ve damages, together with interest and other sums due thereon and that Vernon be found in default under the PPTA and ordered to make the Termination Payment the reunder, equal to the net prese nt value of all amounts that would be due Bicent under the PPTA. Third Cause of Action: Breach of the PPTAs Capacity Test Provi sions (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 , for procedure for scheduling and conducting Capacity Tests on the Facility once very two years. 1. Vernon has breached its o