H2-FV-21-D reductor flender Helical gear Reduction Boxes H2

Flender/Flender Gear Units/Helical gear Reduction Boxes H2

bligations under the PPTA including by : . refusing, in bad faith, to coopera te with Bicent regarding the scheduling of the fall 2 Capacity test, by arb itrarily insisting that Bice nt proceed with test on November 1 and then abruptly withdrawing that request; . unilaterally scheduling cap acity test on November 2, 2; nd . refusing to pay Bicent for the cost of performing the November 2, 2, Capacity test. 1. Bicent has provided Vernon notice of its breach of the PPTA and Vernon has failed to remediate its breach. 1. Bicent has fully performed its obligations under and has not br eached the PPTA and knows of no excuse for Vernons breach. 1. Bicent has suffered damages as esult of Vernons breach of he PPTA, including as result of damage and stres on the Facility, delays in rep airs to the Facility, repair and outage costs, costs for improper test ing of the Facility, reduced or ost Energy Payments, and reduced or lost Capacity Payments. Bicent requests compensatory and puniti ve damages, together with interest 1 2 3 4 5 6 7 8 9 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 3 Case No. ____________ VERIFIED COMPLAINT and other sums due thereon and that Vernon be found in default under the PPTA and ordered to make the Termination Payment the reunder, equal to the net prese nt value of all amounts that would be due Bicent under the PPTA. Fourth Cause of Action: Breach of the Implied Covenant of Good Faith and Fair Dealing (By Bicent against Vernon) 1. Plaintiffs reallege each paragraph of this Complaint as if set forth fully herein. 1. The PPTA and ITSA, and their amendments, constitutes valid and binding written agreements between Bicent and Vernon. 1. Bicent has done all, or substant ially all, of the significant hings that the PPTA and/or ITSA required it to do. 1. Vernon unfairly interfered with icents right to receive the enefits of the PPTA and/or ITSA, including by: . Vernons failure to honor its oblig ations as the CA