oupling part then apply Additionally occurring re B4-CH-17-D Bevel-helical speed reducers B4

Flender/Flender Gear Units/Bevel-helical speed reducers B4

the Interest Rate from the date the overpayment or underpayment was made until paid; provided, however, that no adjustment for any statement or payment will be made unless objection to the accuracy thereof was made prior to the lapse of twelve ( months from the rendition thereof, and thereafter any objection shall be deemed waived. Section 2.1 Forward Contract . The Parties acknowledge and agree that this Agreement constitutes forward contract with in the meaning of the United States Bankruptcy Code. 4 LA\1.2 Section 2.1 Construction of Agreement . Ambiguities or uncertainties in the wording of this Agreement shall not be onstrued for or against any Party either on account of such Party having drafted or provided any language in this Agreement or otherwise, and shall be construed in accordance with the fair meaning of this Agreement. Section 2.1 Counterparts . This Agreement may be executed and delivered by the Parties in any number of counterparts, each of wh ich when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. Section 2.1 Confidentiality . Neither Party shall disclose the terms or conditions of this Agreement to third party (other than the Party' employees, lenders, counsel, accountants or advisors who have need to know such information and have agreed to ke ep such terms confidential) except in order to comply with any Applicable Law (including the California Public Records Act and any law of simila effect), or any exchange, cont rol area or independent system operator rule or in connection with any court or regulatory proceeding; provided, however, each Party shall, to the extent practi cable, use reasonable efforts to pr event or limit the disclosure. The Parties shall be entitled to all remedies availabl at law or in equity to enforce, or seek relief in connection with, this onfidentiality obligation. Section 2.2