Flender/Flender Gear Units/Bevel-helical gear units B4
tion, nd any subsequent updates, given by Buyer to Seller, directing the Facility to opera te specified megawatt output. Dispatch

Notices may be communicated electroni cally, via facsimile, telephonical ly or through other verbal means. Telephonic or other verbal communication

shall be documented ( ither recorded by tape, electronically or in writing) and such recordings shall be made available to

both Buyer and Seller upon request for settlement purposes. Dispute has the meaning set forth in Section 1.1 . Disqualified

Stock means any capital stock that, by its terms (or by the term of any security instrument into which it is convertible, or for which it is exchangeable, in each case at the option of the holder of the capital stock), or upon the happening of any event, matures or its mandatorily redeemable, pursuant to sinking fund ob ligation or otherwise, or redeemable at the option of the holder of the capital stock, in whole or in part, on or prior to th date that is ninety- one ( Calendar Days after the last Calendar Day of the Service Term. 5 LA\1.2 Early Termination Date has the meaning set forth in Section 1.3.1 . Effective Date has the meaning set forth in th introductory paragraph hereto. Energy means three-phase, 6-cycle alternati ng current electric en ergy, expressed in MWh. Energy Delivery Point means, for Net Facility Output, the connection on the switchyard side of the generator transformer high voltage air isolat or located on the Facility site, and for Substitute Energy, SP-1 or, after the implementation of the Market Redesign and Technology Upgrade, the load aggreg ation point() for the area in which Buyer serves load, or in each case, such other delivery point as the Parties may agree. In the event that there is change in Applicable Law that causes the Energy Delivery Point for Substitute Energy to be inapplicable to Buyer, the Parties shall negotiate in good fa ith to determine an appropriate re