B4-DH-18-D h Z QC Side Labyrinth with VsealSide Labyrinth w Bevel-helical gear units B4

Flender/Flender Gear Units/Bevel-helical gear units B4

ty Practice and that are sufficient to pro tect MGS from further harm. 9. Despite repeated and good faith fforts to work with Vernon to address these concerns and repeated requests for information necessary to eva luate the scope and imminence of the risk Vernons systems present to MGS, Vernon has chosen to stonewall and prevent Plaintiffs from inspecting Vernons equipment and systems, which are inter connected to MGS. 9. To obtain the information necessary to protect MGS from further irreparable harm and to obtain access to Vernons systems to conduct physical inspection, Plaintiffs have filed concurrently with this Complain motion for expedited discove ry. That discovery, which is targeted and limited, is necessary for Plaintiffs to evaluate he degree of imminent risk facing the Facility and the need to seek pr eliminary injunctive relief. 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 CAUSES OF ACTION First Cause of Action: Breach of the ITSA and PPTA (By Bicent against Vernon) 9. Plaintiffs reallege each paragraph of this Complaint as if full set forth herein. 1. The ITSA is valid and binding wr itten agreement between Bicen and Vernon that sets forth, among other things, ernons obligations to operate its Distribution System in safe and reliable manner and consistent with Good Utility Practice. 1. Vernon has breached the ITSA by its repeated failures to operat its Distribution System in safe and reliable manner and consistent with Good tility Practice including by: . failing to properly maintain and ope rate its system in accordan ce with industry standards; . failing to conduct regula or suitable maintenance, inspection, or testing on its system or keep any records thereof; . failing to produce records duly equested by Bicent under the TSA; . failing to implement adequate operating procedures and protocol ; and . denying Bicent its right to ins