Common use of Orders for Nuclear Material and Services; Assigned Agreements Clause in Contracts

Orders for Nuclear Material and Services; Assigned Agreements. (a) The Nuclear Material Contracts listed in Exhibit C hereto, relating, among other things, to the purchase of, and services to be performed with respect to, Nuclear Material were entered into by the Lessee prior to the date of this Lease Agreement, and, except as otherwise indicated on Exhibit C, the interests of the Lessee under such Nuclear Material Contracts have been assigned to the Lessor under an Assignment Agreement substantially in the form of Exhibit D. Any further Nuclear Material Contracts which the Lessee deems necessary or desirable may be negotiated by the Lessee and executed by the Lessee in its own name or, where authorized by the Lessor, as agent for the Lessor. (b) So long as no Lease Event of Default shall have occurred and be continuing, and subject to the approval of the Lessor and to the limitation on the Maximum Stipulated Casualty Value of the Nuclear Material set forth in Section 4, the interests of the Lessee under any further Nuclear Material Contracts (whether executed and delivered before or after the date of this Lease Agreement) pursuant to which the Lessee desires the Lessor to purchase Nuclear Material or have services performed on any Nuclear Material on behalf of the Lessee may be assigned to the Lessor under an Assignment Agreement substantially in the form of Exhibit D, with such changes to Exhibit 2 to Exhibit D as the Secured Parties may consent to in writing, which consent shall not be unreasonably withheld. The Lessee shall use its best efforts to cause the other parties to such agreements to consent to each such assignment. Upon each such assignment and the obtaining of such consents with respect to any Nuclear Material Contract, the Lessor, subject to the limitation on the Maximum Stipulated Casualty Value of the Nuclear Material set forth in Section 4, shall make all payments which are required under such Assigned Agreements for the purchase of Nuclear Material or for services to be performed on the Nuclear Material in accordance with the procedures set forth in Section 6. (c) So long as no Lease Event of Default shall have occurred and be continuing, the Lessor hereby authorizes the Lessee, at the Lessee's own cost and expense, to assert all rights and claims and to bring suits, actions and proceedings, in its own name or in the name of the Lessor, in respect of any Manufacturer's warranties or undertakings, express or implied, relating to any portion of the Nuclear Material and to retain the proceeds of any such suits, actions and proceedings.

Orders for Nuclear Material and Services; Assigned Agreements. (a) 1. The Nuclear Material Contracts listed in Exhibit C hereto, relating, among other things, to the purchase of, and services to be performed with respect to, Nuclear Material were entered into by the Lessee prior to the date of this Lease Agreement, and, except as otherwise indicated on Exhibit C, the interests of the Lessee under such Nuclear Material Contracts have been assigned to the Lessor under an Assignment Agreement substantially in the form of Exhibit D. Any further Nuclear Material Contracts which the Lessee deems necessary or desirable may be negotiated by the Lessee and executed by the Lessee in its own name or, where authorized by the Lessor, as agent for the Lessor. (b) 2. So long as no Lease Event of Default shall have occurred and be continuing, and subject to the approval of the Lessor and to the limitation on the Maximum Stipulated Casualty Value of the Nuclear Material set forth in Section 4, the interests of the Lessee under any further Nuclear Material Contracts (whether executed and delivered before or after the date of this Lease Agreement) pursuant to which the Lessee desires the Lessor to purchase Nuclear Material or have services performed on any Nuclear Material on behalf of the Lessee may be assigned to the Lessor under an Assignment Agreement substantially in the form of Exhibit D, with such changes to Exhibit 2 to Exhibit D as the Secured Parties may consent to in writing, which consent shall not be unreasonably withheld. The Lessee shall use its best efforts to cause the other parties to such agreements to consent to each such assignment. Upon each such assignment and the obtaining of such consents with respect to any Nuclear Material Contract, the Lessor, subject to the limitation on the Maximum Stipulated Casualty Value of the Nuclear Material set forth in Section 4, shall make all payments which are required under such Assigned Agreements for the purchase of Nuclear Material or for services to be performed on the Nuclear Material in accordance with the procedures set forth in Section 6. (c) 3. So long as no Lease Event of Default shall have occurred and be continuing, the Lessor hereby authorizes the Lessee, at the Lessee's own cost and expense, to assert all rights and claims and to bring suits, actions and proceedings, in its own name or in the name of the Lessor, in respect of any Manufacturer's warranties or undertakings, express or implied, relating to any portion of the Nuclear Material and to retain the proceeds of any such suits, actions and proceedings.