PERFORMANCE GUARANTEES

The following are the entire Performance Guarantees provided by the Supplier and supersedes
any prior communication or any references in other parts of the Contract.

Any graphs, stated performance values, predicted values or discussions in other sections of the
Contract or in any of the Attachments are for information only and shall not be construed as
Performance Guarantees.

Unless otherwise stated, all Performance Guarantees are:

- under steady state, normal operating conditions
- per the conditions as stated in the Design Basis
- on a one (1) steam generator basis (steam generator / SCR / ESP); simultaneous
operation of two (2) steam generators is required to enable testing of one (1) FGD

The Performance Guarantees will be demonstrated in a test, or series of tests, performed in

accordance with a testing protocol to be submitted by Supplier.