Flender/Flender Gear Units/Bevel-helical gear reducers B4
teps to protect its interest, including by seeking emergency relief in court and payment in full of the Termination Payment

under the PPTA . 2. Confirm that the City will fully cooperate with Bicents scheduling and performance of Capacity Test

following the completion of the repair scheduled for Decemb er 3-1 as noted above. This post -repair Capacity Test shall

constitute biennial Adjusted Contract Capacity Test as defined in section 7.2 of the PPTA and shall occur in accordance with

the PTC 4 and the Facilitys 2 Operations Manual entitled Contract Capacity Adjustment based on Adjusted Contract Capacity Test as has been the agreed practice at the Facility . 3. Confirm by close of business on Monday, November 1 whether it intends to move forward with Capacity Test on November 2, 2 . Any test conducted on November 2, 2, will be at the Citys expense . To the extent the City elects to do so, that test shall constitute an additional Capacity Test under section 7.2 of the PPTA and the City shall therefore pay all expenses incurred in connection with the test. The Capacity Test shall occur in accordance with the PTC 4 and the Facilitys 2 Operations Manual entitled Contract Capacity Adjustment based on Adjusted Contract Capacity Test as has been the agreed practice at the Facility . 4. Pursuant to PPTA 1.1, provide Bicent copy of the Citys most recent annual report containing audited financial statements for this past fiscal year, as well as quarterly or half -year report containing unaudited consolidated financial statements for the most recent accounting period and any projections for Ci ty November 1, 2 Page 1 revenues, including but not limited to contemplated projected electricity rate increases to customers from now through 2 . This is essential to reassure Bicent regarding significant concerns that the City is looking for way out of the PPTA because it is no longer able to meet its financial commitmen