the required setpoint range at the factory Cooli B4-KH-14-D Bevel-helical gearbox B4

Flender/Flender Gear Units/Bevel-helical gearbox B4

ursuant to this Section 8.3 shall be provided to Buyer within fifteen ( Calendar Days of Buyers request for such information. ARTICLE IX TOLLING AND FUEL Section 9.1 Tolling . Sellers obligation to deli ver Products dispatched by Buyer shall be contingent upon Buyer de livering and paying for fuel suffi cient to provide such Products to Seller, including providing an paying for start-up fu el, and fuel required for the annual test contemplated by Section 7.2 ; provided, however, that Seller sh all reimburse Buyer for Buyers actual cost of fuel used in connection with failed start-ups. During any period in which the average Available Capacity in given month is less than the Adjusted Contract Capacity due to derating or shutdown necessitated by low fuel pressure in Buyers fuel distribution system or Buyer fails to deliver fuel, ther shall be no reduction in Sellers Monthly Capacity Payment or any other charge to Sell er, nor shall Seller be subject to Section 5.1 with respect to any Energy that cannot be delivered as result of such derati ng or shutdown. At the request of Buyer, Seller shall provide Buyer with written evidence of the operational procedures to be followed by Seller in accordance with Good Utility Pr actice to avoid any damage to th Facility or reduction of the average Available Capacity in the event of low fuel pressure or uyers failure to provide fuel. Section 9.2 Title and Risk of Loss . As between the Parties, Buyer will be deemed to have exclusive control and po ssession of the fuel delivered under this Agreement and be responsible for any damage or injury caused ther eby before the fuel is delivered to the Fuel Delivery Point. At and after delivery of the fuel to the Fuel Delivery Point, as between the Parties, Seller will be deemed to have excl usive control and possession of the fuel and be responsible for any damage or injury caused th ereby. Each Party shal indemnify, defend and hold harmless th