Effect of the Facility Lease. Except for its obligations under Sections 4, 6, or 7.1 hereof, by entering into the Facility Lease, the Head Lessee shall be deemed to have complied with any covenant or agreement made by it hereunder with respect to the operation, maintenance and use of the Undivided Interest during the Facility Lease Term, without necessity of any action by the Head Lessee and regardless of whether the Facility Lessee complies with its corresponding obligations under the Facility Lease.
Effect of the Facility Lease. 8 Appendix A Definitions Attachment A Description of the Facility Attachment B Permitted Closing Date Liens 4127-6352-5967.8 Head Lease Agreement This HEAD LEASE AGREEMENT, dated as of October 2, 2024 (this “Head Lease”), among THE UNITED STATES OF AMERICA (the “Government”), TENNESSEE VALLEY AUTHORITY, a wholly owned corporate agency and instrumentality of the United States (“TVA”) (the Government, solely for purposes of Section 2, and TVA, collectively, together with their successors and permitted assigns, the “Head Lessor”), and JOHNSONVILLE AERODERIVATIVE COMBUSTION TURBINE GENERATION LLC, a Delaware limited liability company (together with its successors and permitted assigns, the “Head Lessee”).