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PART II

EFFECTIVE DATE

Part I of this Modification No. 1 shail become effective upon a dato ("Effective Date") to be agreed upon in writing by tire parties hereto, which date shall follow (by no more than 45 day:-) and shall be dependent upon the fulfillinent of each one of the conditions precedent set forth in paragraph 1.0 below.

1.0 Conditions Procodent Each of the following conditions shall be filfilled before Part I of this Modification No. 1 s! 1 become effective.

1.1 Opinion of General Counsel of ERDA Each party sha!! have received a written opinion of the General Counsel of ERDA to the effect that:

(a) ER A has the necessary legal authority to execute this Moạification No. 1, and to carry out its functions, duties id responsibilities pursuant to the Agreenient set out in Part I hereof;

(b) Congress has authorized the appropriation of $

for funding ERDA's !rojeci responsibilities for the period of July 1, 1975 throug!. September 30, 1976.

1.2 Opinion of Counsel for PPC Each party shall have received a written opinion of counsel for BRC that:

(a) The Agreement set out in Part I hereof will not adversely affect the tax exempt status of BRC; and

(b) The Agreement set out in Part I hereof will not adversely affect the deductibility for Federal income tax purposes of contributions made by electric utilities to BRC pursuant to their utility contribution agreements.

1.3 Opinion of Counsel for PMC Each party shall have received a written opinion of counsel for PVC that:

(a) There has been received a current determination letter from the Internal Revenue Service, in a form satisfactory to counsel for PMC, stating that the Agreement set out in Part I hereof will not adversely affect the tax exempt status of PMC; and

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(b) The contricts between P!C and Westinghouse Electric Corporation (Contract 49-16-12-3), anni 1:10 and Burns & Roc, Inc. (Contract 49-19-12-4) have c?

ctively been ssignce, transferred or otherwise convooi to ERDA in a manner which insures that neither PMC, CE, or TVA shall, from and after the effective Date, incur a liability, obligation, responsibility or duiy of any kind thereunder.

2.0

Transfer of Govern

Furids and Property

2.1 Unexpended funds heretofore advanced to PMC by AEC's Letter of Credit No. 89-00-0732 dated July 27, 1973 shall be withdrawn by ERI on the Effective Date or at a mutually agrc. ible date thercaster which assures payment of PMC invoices in process.

2.2 Unless otherwise aged to by ERDA, title to all property acquired by PMC with Project funds shall be transferred to ERDA within 30 days after the Effective Date. PMC :hall provi le to ERDA a listing of all property, custody of which is to be transferred to ERDA, showing the PMC Property Record Number and cost thereof. ENDA may verify the pro; prty listing by plysical inspection and audit. Upon agreement between ERDA and PMC the listing of property will bis appropriately sirged by representatives of ERDA and PMC, and custody of the property shall be trä... Ferred by PMC to IDA.

IN WITNESS VIERCOP the parties have executed this Modification No. 1, this

day of

1975.

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By

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Title

Title

72-818 0 - 76 - 10

I,

certify that I am

Comuoni ealth Edison Colliq.lny icentific i as a party heroin, that

who signed to s. contact on behalf of the con oration was then

of said corporation; that said contract was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers.

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IN ! IT'ESS WHEREOP', I have hereunto affixo my hand and t: seal of said corporation this

day of 1975.

(SEAL)

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I,

certify that I am

of Project Manajement Corporation identified as a party herein; that who signed this contract on behalf of the corporation was then

of said corporation; that said contract was duly signed for and on behalf of said corporation by authority of its governing jody and is within the scope of its corporate powers.

IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of said corporation this

day of 1975.

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(SEAL)

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I,

certify that I am

of the Tennessee Valley Al hority, an agency and inst: mentality of the United States identified as a party here.n; triat

who signed this contract on behalf of TVA was then

of

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saic Authority; th: t said contract was duly signed for and on bchalf of suid authority by authority of its governi g body anci is within the scope of its statutory powers.

hand and

IN WITA OS WII COF, I have hereunto affixed my e seal of saili Authority this day of 1975.

(SEAL)

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