Redacted Copy. The parties shall jointly prepare redacted copies of the Agreements which may be furnished, as necessary to implement the provisions hereof, to (a) Arbitration Panel, (b) Court, (c) Administrative Tribunal, (d) mortgagee(s) or other financial backers of either party, and (e) prospective users of Pathnet's Conduit (Innerduct), Cable, Optical Fiber or other Facility authorized in accordance with the Agreements.
Redacted Copy. DxXxxx Ltd. DXXXXX The delivery and start-up for the wind energy turbines of Allocation II shall take place pursuant to the conditions of the payment terms under 2.2.3 by 12/31/2009, latest (see above for Project timeline). In the event that the wind energy turbines are not delivered in a timely manner and if they are solely a result of contractor’s actions, then contractor shall reimburse client a delay fee in the amount of *****% of the purchase price of the respective wind energy turbine for each day begun up to a maximum of *****% of the purchase price including capital costs, which have been incurred as a result of the late delivery of said wind energy turbine up to a maximum of ***** €/day. There shall be no further right for any reason, to any further compensation resulting from the default. Contractor shall not be responsible for any lack of network connection or for any lack of network compatibility by a third party, for example, for reasons based on a previously existing network overload. In addition, any claim for compensation for default shall be excluded for changes in the legal position if they have a significant impact on the timeframes outlined in this contract. Contractor shall not be responsible for any lack of regulatory approvals. Contractor shall not be in default if client does not fulfill his contract responsibilities as stated in Paragraph 3.
Redacted Copy. DxXxxx Ltd. DXXXXX If connection to the network cannot be accomplished within the timeframe given by client in the project timetable, then it is the responsibility of the client to provide alternative solutions which can ensure the secure functioning of the wind energy turbine until such connection is made available. If, after contractor has completed work, start-up is not possible for lack of a network connection or lack of an alternative means to produce the turbine’s functionality, then the start-up date that applies shall be that date on which the wind energy turbine is made technically available and which the contractor must verify on a special timetable. Any supplemental costs incurred from the client’s failure to provide connection to the network in a timely manner are to be borne by client.
Redacted Copy. DxXxxx Ltd. DXXXXX The availability period is the time period during which the blanket compensation for damages is applicable for the technical availability as defined in Paragraph 4.4 of this document. This time period has duration of two years and begins with the date marking the conclusion of the trial phase of the respective wind energy turbine but no later than two months after the start-up of the wind energy turbine as indicated in the timetable.
Redacted Copy. DxXxxx Ltd. DXXXXX If the contractor is not able to increase the power curve to the guaranteed power level within the above-referenced period of one year after he has repeatedly taken corresponding measures, unless the non-achievement of the power curve is based on willful or grossly negligent conduct by the contractor, the contractor shall pay the principal the following lump-sum damages to satisfy all claims for damages by the principal for the non-compliance with the guaranteed power curve: *****% of the respective WET net contract price for the respective WET as defined in Section 2.1 per *****% reduced output of the guaranteed power curve up to a maximum of *****% of the contract price.
Redacted Copy. DxXxxx Ltd. DXXXXX S Supplier’s share of the reward: The following rates are used to calculate the supplier’s reward if WET availability exceeds the contractual figure: The lump-sum indemnity for damages with respect to availability of each WET is limited to *****% of the contractual figure for the WET in question. This lump-sum indemnity constitutes the complete and final compensation of all customer’s claims against supplier in the case of non-fulfillment of the guaranteed availability figures. If the actual energy yield Y exceeds the theoretical annual energy yield calculated in accordance with the wind data provided by the customer, supplier must pay no lump-sum indemnity, even if WET availability during the specific period is less than the warranty figure G. Insurance payments to customer for WET outages within the warranty period are credited toward the lump-sum indemnity. If the customer receives insurance payments for outages within the warranty period after supplier has already paid a lump-sum indemnity to customer, customer must refund to supplier the same amount of the indemnity payments as the insurance payment received. The supplier receives a share of the additional yields obtained if the actual technical availability is greater than the guaranteed availability. This reward as described in the above formula must be divided between supplier and customer in accordance with the percentages listed in the above tables.
Redacted Copy. DxXxxx Ltd. DXXXXX · Checking technical condition of all components · Function tests and visual inspections · Checking that the bolts are tight (verification/control of angular momentum) · Oil level check · Gear lubricant analysis (once a year) · Lubrication of all components when needed · Checking the brakes · Check all safety devices · Keeping maintenance [sic] specifications log The following inputs are included in routine maintenance: · Grease for lubricating bearings · Grease for lubricating the crane’s azimuthal slewing ring · Hydraulic oil (maximum 1 l per routine maintenance visit) · Gear oil (maximum 10 l per maintenance visit) · Carbon brushes · Filters for gear oil and hydraulic oil Customer must itself conduct disposal of waste products resulting from maintenance activities (metal etc.) Maintenance is conducted by supplier or its agent in principle every six months approximately (plus/minus four weeks) starting when operation of each WET begins. Supplier will log all meets measures in the maintenance specifications [sic] that are kept at the WET. Furthermore supplier reports to customer the results of the annual oil analyses and any maintenance measures necessary or advisable to forestall further damage to the systems. Supplier will inform customer when maintenance will take place at least one week before it is performed. If maintenance cannot be performed on the announced date, both parties are obligated to report this situation to each other at once. The parties will then agree upon a new maintenance date. If supplier is prevented from conducting maintenance on the date planned on grounds attributable to customer, the latter must inform supplier in timely manner of the reason for the delay. If customer fails to give the required warning it is liable to supplier for all supplier’s documented costs resulting from non-compliance with the maintenance date. ***** This material has been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. DxXxxx Ltd. DXXXXX Storage of spare parts Supplier will store the spare parts and refurbished spare parts in its spare parts warehouse. Spare parts required for repairs can be shipped on short notice. Large components e.g., rotor blades, generators and gears can be supplied by supplier within a reasonable time after receiving an order from customer, by ordering them in turn from the component suppliers. Supplier will provide a list of spare part...
Redacted Copy. DxXxxx Ltd. DXXXXX § The tower is fitted with a burglar proof steel door including lock cylinder, door locks and burglar proof air outlets. § The power and control cables are attached to the tower wall on a cable conductor. Two types of cable are used inside the tower: flexible cable type H07RN-F 90º and massive cable type N2XH-0 (halogen free). The cables are bound together by means of crimp connections between the tower sections in compliance with DIN / VDE (Verband Deutscher Elektrotechnicker [German Electricians’ Association]) regulations. § A vertical ladder is installed inside the tower with the rungs orientated against the tower wall. A climbing safety system is installed for safety purposes for ascending the tower. Two safety belts including shock absorbing fall lanyards and runners for the safety rails are supplied by the Contractor. The Client is responsible for regular inspections and if necessary for replacing this equipment in accordance with local statutory regulations and / or official directives. § An electric goods and passenger elevator can be installed by the Client inside the tower as an optional extra for an additional charge. The Client is responsible for servicing and maintaining the elevator. § A lighting system consisting of drip proof lights is installed inside the tower. This system provides emergency lighting for at least an hour during an outage. § A fire extinguisher and first aid kit are supplied by the Contractor and installed at the bottom of the tower. The Client is responsible for regular inspections and if necessary for replacing this equipment in accordance with statutory regulations and / or official directives.
Redacted Copy. DxXxxx Ltd. DXXXXX Before the Contractor connects the grounding to the WET, the Client must submit a report on the grounding value in order to prove that the grounding of the WET and the transformer station was carried out properly and in accordance with the requisite specifications.
Redacted Copy. DxXxxx Ltd. DXXXXX All the packaging material, frames and racks are the property of the Contractor and will be retained by same after the WET has been assembled and commissioned.
