Bevel-helical speed reduction gearboxes B4 einforced version low speed shaft LSS version Ca B4-VH-10-A

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

t -delay correspondence, scheduled outage requests, and permit testing requests. Facility cannot be operated on an ongoing basis with all of these time sensitive communications being routed not through operational personnel but th rough City General Manager. Rather than sincere effort to cooperate with Bicent, Ms. Nguyens gamesmanship regarding the Capacity Test, her refusal to notify CAISO of the December 3 -1 scheduled outage, and her insistence that all Facility -related orrespondence go only to her appear to be part of strategy to frustrate Bicents performance under the PPTA and thereby manufacture an event of default. The underlying motivation for this seems to be the Citys financial difficulties and desire to eva de its contractual payment obligations under the PPTA or some personal motivation on the part of Ms. Nguyen. Whatever the motivation, the Citys bad faith conduct is not good for the safety and reliability of the Facility or service to the Citys customer . II. MS. NGUYENS ACTIONS HAVE PUT THE CITY DEFAULT UNDER THE PPTA The Citys material breaches have put it in default under the PPTA. By refusing to notify CAISO of the need to take the plant offline from December 3 -1, 2, the City is in breach of its scheduling coordinator obligations under Section 1.2 of the PPTA. The Citys refusal to respond or agree to the December 3 -1 scheduled outage necessary to permit critical maintenance is also breach of Section 1.1 of the PPTA and of its duties of good faith and fair dealing and an effort to frustrate Bicents abilit to perform under the contract. The Citys attempt to unilaterally schedule and notify CAISO of an Adjusted Contract Capacity Test is further breach of its scheduling coordinator obligations under Section 1.2 and also violates Section 7.2. The Citys conduct interferes with Bicents ability to perform repair in timely manner and jeopardizes the safety and performance of Facilit , thereby threa