Bevel-helical speed reduction gearbox B4 lubrication see table page If the input speed B4-HV-21B

Flender/Flender Gear Units/Bevel-helical speed reduction gearbox B4

trator is associated ; absent the existence of such rules and procedures, the arbitration shall be conducted in accordance with the California Arbitration Act, California Code of Civil Procedure Section 1 et seq. However, notwithstanding the rules and proc edures that would otherwise apply to the arbitration, and 3 LA\1.2 unless the Parties agree to different arrangement , the place of the arbitr ation shall be in Los Angeles County, California, each side in the arbitr ation shall be entitled to take up to three depositions, and all direct testimony in the arbitra tion shall be submitted in the form of affidavits or declarations under penalty of perjury. Each Party shall ooperate in making available for cross-examination at the arbitr ation hearing its witnesses whos direct testimony has been so submitted. Judgment on the award may be ente red in any court having jurisdiction. The Arbitrator shall, in any award, allocate all of th costs of the binding arbitr ation (other than each Partys individual attorneys fees and costs related to the Partys participation in the arbitration, which fees and costs shall be borne by such Party) , including the fees of the Arbitrator, against the Party who did not prevail. Until such award is made, however, the Parties shall share equally in paying the costs of the arbitration. Section 1.4 Waiver of Jury Trial . THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LITIGATION AR ISING UNDER THIS AGREEMENT. ARTICLE XX MISCELLANEOUS Section 2.1 Representations and Warranties . Each Party represents and warrants to the other Party that: Section 2.1.1 It is duly organized, validly ex isting and in good standing under the laws of the jurisdiction of its formation; Section 2.1.2 As of the Service Commencement Date, it has all regulatory authorizations necessary for it to legally perform its oblig ations under this Agreement; Section 2.1.3 The execution, delivery and performance of this Agree