Common use of Exclusive Use of Nuclear Material Clause in Contracts

Exclusive Use of Nuclear Material. So long as no Lease Event Default shall have occurred and be continuing, the Lessee may use the Nuclear Material in the regular course of its business or in the business of any subsidiary or affiliate of the Lessee, and, subject to Section 3(d) and upon thirty (30) days' prior notice in writing to the Lessor and the Secured Parties, or upon such shorter prior notice in writing promptly given upon the Lessee's receipt of notice from any Manufacturer that the Nuclear Material is to be moved, and at the Lessee's sole expense (without limiting the Lessee's rights to request payment by the Lessor of such expense as provided in Section 6 hereof) move such Nuclear Material to any jurisdiction approved in writing by the Lessor in the contiguous forty-eight (48) states of the United States of America and the District of Columbia for the purpose of having services performed on such Nuclear Material in connection with any stage of the Nuclear Material Cycle other than Heat Production and the "cooling off" stage, provided that (i) no such movement of the Nuclear Material shall materially reduce the then fair market value of such Nuclear Material, (ii) such Nuclear Material shall be and remain the property of the Lessor, subject to this Lease Agreement, and (iii) all Legal Requirements (including, without limitation, all necessary government consents, permits and approvals) shall have been met or obtained by the Lessee, on its own behalf and on behalf of the Lessor, and all necessary recordings, filings and registrations or recordings, filings and registrations which the Lessor shall reasonably consider advisable shall have been duly made in order to protect the validity and effectiveness of this Lease Agreement and the security interest created in the Security Agreement. At least once each year, or more frequently if the Lessor reasonably so requests, the Lessee shall advise the Lessor and the Secured Parties in writing where all Nuclear Material as of such date is located. The Lessee shall maintain and make available to the Lessor for examination upon reasonable notice complete and adequate records pertaining to receipt, possession, use, location, movement, physical inventories and any other information reasonably requested by the Lessor with respect to the Nuclear Material.

Appears in 11 contracts

Samples: Lease Agreement (Pennsylvania Electric Co), Lease Agreement (General Public Utilities Corp /Pa/), Lease Agreement (Pennsylvania Electric Co)

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Exclusive Use of Nuclear Material. So long as no Lease Event Default shall have occurred and be continuing, the Lessee may use the Nuclear Material in the regular course of its business or in the business of any subsidiary or affiliate of the Lessee, and, subject to Section 3(d) and upon thirty (30) days' prior notice in writing to the Lessor and the Secured Parties, or upon such shorter prior notice in writing promptly given upon the Lessee's receipt of notice from any Manufacturer that the Nuclear Material is to be moved, and at the Lessee's sole expense (without limiting the Lessee's rights to request payment by the Lessor of such expense as provided in Section 6 hereof) move such Nuclear Material to any jurisdiction approved in writing by the Lessor in the contiguous forty-eight (48) states of the United States of America and the District of Columbia for the purpose of having services performed on such Nuclear Material in connection with any stage of the Nuclear Material Cycle other than Heat Production and the "cooling off" stage, provided that (ia) no such movement of the Nuclear Material shall materially reduce the then fair market value of such Nuclear Material, (iib) such Nuclear Material shall be and remain the property of the Lessor, subject to this Lease Agreement, and (iiic) all Legal Requirements (including, without limitation, all necessary government consents, permits and approvals) shall have been met or obtained by the Lessee, on its own behalf and on behalf of the Lessor, and all necessary recordings, filings and registrations or recordings, filings and registrations which the Lessor shall reasonably consider advisable shall have been duly made in order to protect the validity and effectiveness of this Lease Agreement and the security interest created in the Security Agreement. At least once each year, or more frequently if the Lessor reasonably so requests, the Lessee shall advise the Lessor and the Secured Parties in writing where all Nuclear Material as of such date is located. The Lessee shall maintain and make available to the Lessor for examination upon reasonable notice complete and adequate records pertaining to receipt, possession, use, location, movement, physical inventories and any other information reasonably requested by the Lessor with respect to the Nuclear Material.

Appears in 1 contract

Samples: Lease Agreement (General Public Utilities Corp /Pa/)

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Exclusive Use of Nuclear Material. So long as no Lease Event Default shall have occurred and be continuing, the Lessee may use the Nuclear Material in the regular course of its business or in the business of any subsidiary or affiliate of the Lessee, and, subject to Section 3(d) and upon thirty (30) days' prior notice in writing to the Lessor and the Secured Parties, or upon such shorter prior notice in writing promptly given upon the Lessee's receipt of notice from any Manufacturer that the Nuclear Material is to be moved, and at the Lessee's sole expense (without limiting the Lessee's rights to request payment by the Lessor of such expense as provided in Section 6 hereof) move such Nuclear Material to any jurisdiction approved in writing by the Lessor in the contiguous forty-eight (48) states of the United States of America and the District of Columbia for the purpose of having services performed on such Nuclear Material in connection with any stage of the Nuclear Material Cycle other than Heat Production and the "cooling off" stage, provided that (i) no such movement of the Nuclear Material shall materially reduce the then fair market value of such Nuclear Material, (ii) such Nuclear Material shall be and remain the property of the Lessor, subject to this Lease Agreement, and (iii) all Legal Requirements (including, without limitation, all necessary government consents, permits and approvals) shall have been met or obtained by the Lessee, on its own behalf and on behalf of the Lessor, and all necessary recordings, filings and registrations or recordings, filings and registrations which the Lessor shall reasonably consider advisable shall have been duly made in order to protect the validity and effectiveness of this Lease Agreement and the security interest created in the Security Agreement. At least once each year, or more frequently if the Lessor reasonably so requests, the Lessee shall advise the Lessor and the Secured Parties in writing where all Nuclear Material as of such date is located. The Lessee shall maintain and make available to the Lessor for examination upon reasonable notice complete and adequate records pertaining to receipt, possession, use, location, movement, physical inventories and any other information reasonably requested by the Lessor with respect to the Nuclear Material.Security

Appears in 1 contract

Samples: Lease Agreement (Pennsylvania Electric Co)

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