Spent Nuclear Fuel Fees. Except as provided in the third sentence of this paragraph and Sections 2.1(b) and 2.3(g), between the date hereof and the Closing Date, and at all times thereafter, each Seller will remain liable for an amount equal to such Seller's Proportionate Ownership of all Spent Nuclear Fuel Fees and any other fees associated with electricity generated at NMP-2 and sold prior to the Closing Date, and Buyer shall have no liability or responsibility therefor. Buyer shall pay and discharge an amount equal to the sum of all Sellers' Proportionate Ownership of all fees and expenses associated with the nuclear fuel consumed in NMP-2 and sold from and after the Closing Date, and Sellers shall have no liability or responsibility therefor. Buyer shall assume title to, and responsibility for the sum of all Sellers' Proportionate Ownership of the storage and disposal of the Spent Nuclear Fuel of NMP-2 as of the Closing Date. Each Seller shall assign to Buyer its undivided right, title and interest in and to the DOE Standard Spent Fuel Disposal Contract and shall provide the required notice to DOE within 90 days of transfer of title to spent fuel.
Appears in 2 contracts
Samples: Asset Purchase Agreement (New York State Electric & Gas Corp), Asset Purchase Agreement (Ch Energy Group Inc)
Spent Nuclear Fuel Fees. Except as provided in the third sentence of ----------------------- this paragraph and Sections 2.1(b) and 2.3(g), between the date hereof and the Closing Date, and at all times thereafter, each Seller will remain liable for an amount equal to such Seller's Proportionate Ownership of all Spent Nuclear Fuel Fees and any other fees associated with electricity generated at NMP-2 and sold prior to the Closing Date, and Buyer shall have no liability or responsibility therefor. Buyer shall pay and discharge an amount equal to the sum of all Sellers' Proportionate Ownership of all fees and expenses associated with the nuclear fuel consumed in NMP-2 and sold from and after the Closing Date, and Sellers shall have no liability or responsibility therefor. Buyer shall assume title to, and responsibility for the sum of all Sellers' Proportionate Ownership of the storage and disposal of the Spent Nuclear Fuel of NMP-2 as of the Closing Date. Each Seller shall assign to Buyer its undivided right, title and interest in and to the DOE Standard Spent Fuel Disposal Contract and shall provide the required notice to DOE within 90 days of transfer of title to spent fuel.
Appears in 1 contract
Samples: Asset Purchase Agreement (Rochester Gas & Electric Corp)
Spent Nuclear Fuel Fees. Except as provided in the third sentence of this paragraph and Sections 2.1(b) and 2.3(g), between the date hereof and the Closing Date, and at all times thereafter, each Seller will remain liable for an amount equal to such Seller's Proportionate Ownership of all Spent Nuclear Fuel Fees and any other fees associated with electricity generated at NMP-2 and sold prior to the Closing Date, and Buyer shall have no liability or responsibility therefor. Buyer shall pay and discharge an amount equal to the sum of all Sellers' β Proportionate Ownership of all fees and expenses associated with the nuclear fuel consumed in NMP-2 and sold from and after the Closing Date, and Sellers shall have no liability or responsibility therefor. Buyer shall assume title assumetitle to, and responsibility for the sum of all Sellers' β Proportionate Ownership of the storage and disposal of the Spent Nuclear Fuel of NMP-2 as of the Closing Date. Each Seller shall assign to Buyer its undivided right, title and interest in and to the DOE Standard Spent Fuel Disposal Contract and shall provide the required notice to DOE within 90 days of transfer of title to spent fuel.
Appears in 1 contract
Samples: Asset Purchase Agreement (Niagara Mohawk Power Corp /Ny/)