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In recognition of the fact that PMC, BRC and the
electric utility industry are participating in the Project on a nonprofit basis; the unusual risks associated with the Project; and the importance of the Project to the future energy resources of the people of the United States, the respective undertakings and obligations of PMC and BRC and their directors, officers, agents and employees under this Agreement shall be deemed to be fully performed and satisfied by the exercise of good faith, best efforts to perform and satisfy such undertakings and obligations. In performing their obligations hereunder, neither party shall be required to take any action which would constitute it a public utility or affiliate thereof within the meaning of any federal, state or local law or which would conflict with the provisions of its Articles of Incorporation or By-laws.
(a) Any controversy, claim, counterclaim or
an arbitrator within 30 days of the date of the re-
(b) The arbitration shall be conducted in
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, and shall not be amended or modified without the prior written approval of ERDA, Commonwealth Edison Company and Tennessee Valley Authority.
This Agreement shall
be construed so as to be consistent with the provisions of the ERDA Agreement.
ARRANGEMENTS SECURING CERTAIN INDEMNITIES
Nothwithstanding any other provisions of this
Agreement, the parties hereto expressly agree to recognize and honor the provisions of paragraph 9.4 of the ERDA Agreement, which paragraph is incorporated herein by reference. also agrees that upon proper demand of TVA and CE, or upon proper demand of the trustee appointed pursuant to the provisions of said paragraph, it will, without regard to any other provisions of this Agreement deliver such documents as may be necessary to fully effectuate the provisions of said paragraph, including, if required, the assignment and delivery
of the TVA-BRC and the CE-BRC Contribution Agreements to said trustee. BRC further agrees, notwithstanding any other provisions of this Agreement, that it will not deduct monies for expenses or reserves otherwise permitted under this Agreement from payments due, paid, or to become due under the TVA-BRC or the CE-BRC Contribution Agreements and waives all of its rights to make such deductions. BRC further waives any right of setoff or recoupment it may have now or in the future with respect to such funds. BRC and PMC hereby expressly acknowledge that the provisions of this Article XIX shall control over any other provisions of this Agreement which may be inconsistent with this Article XIX.
Part I of this Modification No. 1 shall become effective upon the Effective Date of Modification No. 1 to Contract No. AT (49-18)-12 among ERDA, TVA, CE and PMC.
certify that I am
of Project Management 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 behlaf 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.
certify that I am
of Breeder Reactor Corporation,
identified as a party herein; that who signed this contract on behalf of Breeder Reactor Corporation 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 WITNESS WHEREOF, I have hereunto affixed my hand and seal of said corporation this