Comments on Section 10

1. FCE rejected Section 9.2 before. Perhaps this provision should only be
triggered if a specific quality problem is identified.
2. 10.1.1 (ii)--Shouldn't standard be that FCE uses commercially reasonable
efforts to manufacture, deliver and install the Equipment in accordance with
Exhibit N-3.
3. 10.1.2--Purchase trigger dates need to be based on when on the major
equipment is delivered to the site in an undamaged condition.
4. 10.2.1--Shouldn't this section be eliminated? Is this the point of
termination schedule. I don't want to pay FCE for shipment delays unless
Purchaser directly and fully caused them.
5. Section 10--Need sound guarantee.
6. Section 10--Where do we say that all tests will be performed on a unit
by unit basis and in accordance with the specified protocol.
7. Section 10.5.3--Need to incorporate FCE proposal.
8. Section 10.6 ©--My question on lien releases; will it be done on a unit
by unit basis or on a facility basis?
9. Section 10--Assuming that we adopt language that Output is the only test
with a performance band, where do we put in the language about the purchase
price adjustment if it is within a bound. Even though we have not agreed to
the % bound, we probably can write the generic language (or pull it from
another document).
10. Section 10.7--Add note--Waiting for response on other ENA proposal
before deleting.