PART II EFFECTIVE DATE Part I of this Modification No. 1 shail become effective upon a datc ("Effective Date") to be agreed upon 1.0 Conditions Procedent Each of the following conditions shall be fulfilled before Part I of this Modification No. 1 s! 1 become effective. 1.1 Opinion of General Counsel of ERDA Each party shall have received a written opinion of the General Counsel of ERDA to the effect that: (a) ERDA has the necessary legal authority to execute this Modification No. 1, and to carry out its functions, duties nd responsibilities pursuant to the Agreement set out in Part I hereof; of $ (b) Congress has authorized the appropriation for funding ERDA's Project responsibilities for the period of July 1, 1975 throug!. September 30, 1976. 1.2 Opinion of Counsel for BRC 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 PMC 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 (b) The contracts between PMC and Westinghouse Electric Cosporation (Contract 49-18-12-3), and "MC and Burns & Roc, Inc. (Contract 49-19-12-4) have ef ctively been ssigned, transferred or otherwise conveyed 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 duty of any kind thereunder. Funds and Property 2.0 Transfer of Govern 2.1 Unexpended funds heretofore advanced to PMC by AEC's Letter of Credit No. 89-00-0732 dated July 27, 1973 shall be withdrawn by ER on the Effective Date or at a mutually agro ble date thercaster which assures payment of PMC invoices in process. 2.2 Unless otherwise aged to by ERDA,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. ERDA may verify the property listing by physical inspection and audit. Upon agreement between ERDA and PMC the listing of property will be appropriately signed by representatives of ERDA and PMC, and custody of the property shall be tra....ferred by PMC to I DA. IN WITNESS WHEREOF the parties have executed this Modification No. 1, this 1975. 72-818 O-76-10 Title TENNESSEE VALLEY AUTHORITY By Title I, certify that I am Commonwealth Edison Comny identi fied as a party herein, that who signed this contract on behalf of the coloration 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. IN ITNESS WHEREON, I have hereunto affixe my hand and the seal of said corporation this day of (SEAL) then I, , certify that I am of Project Management Corporation identified as a party herein; that who signed this contract on behalf of the corporation was 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. IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of said corporation this 1975. day of (SEAL) I certify that I am of the Tennessee Valley A hority, an agency and inst: umentality of the United States identified as a party here.n; that this contract on behalf of TVA was then who signed of -38 |