H4-KH-11-A SS ATEX application Yes No If yes please fill in Helical gear unit H4

Flender/Flender Gear Units/Helical gear unit H4

inspecti on rights under the Parties agre ements. . Vernons Misconduct Violates the Parties Agreements 9. Vernons serious misconduct as lleged above has caused signifi cant economic damage to Bicent including but not limited to: . Lost and/or diminished Capacity nd Energy Payments during the period of Facility outages arising from el ectrical disturbances on Vernon systems. . Lost and/or diminished Capacity nd Energy Payments arising fro damage to MGSs STG gearset, which in urn caused de-ra te in the ava ilable capacity the Facility could genera te until the gearset was repl aced. 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 2 Case No. ____________ VERIFIED COMPLAINT . Lost and/or diminished Energy Payments caused by Vernons failu re to communicate CAISOs dispatch demands. . Costs of repair to the damaged STG gearset. . Costs incurred preparing for the November 1, 2 Capacity tes , which Vernon canceled. . Costs incurred preparing for and conducting the November 2, 2 1 Capacity test, which Vernon unilaterally demanded. 9. Plaintiffs also have incurred subs tantial legal fees and costs responding to Vernons gamesmanship and bad faith conduct during the course of this di spute. . Vernons Misconduct Has Already Damaged the Facility and Risks Causing Further Irreparable Harm 9. Vernon has failed to adequately imp lement, maintain, test, and operate its systems and protective devices. As allege above, these failures have caused and continue to cause excessive electrical disturban ces that have already significant ly damaged MGS, including the full- plant trip in 2 and contributing to the gear set damage in 2 0. There is risk of even more catastrophic damage if Vernons failures are not rectified. Bi cent brings this action to prevent further irreparable harm to its Facility and equipment and to ompel Vernon to take immediate action to implement procedures, rotocols and protections that comply with Good Utili