Common use of Modification, Amendment and Termination Clause in Contracts

Modification, Amendment and Termination. Modify, amend or --------------------------------------- voluntarily terminate, or fail to use Commercially Reasonable Efforts (excluding any obligation to offer or pay any consideration therefor) to prevent any other party from voluntarily terminating, any of the Assigned Leases or Assigned Contracts or any of the permits, licenses or approvals listed on Schedule 2.1(c), (Specific Permits, Licenses and Variances), --------------- other than (i) in the ordinary course of business and provided such change does not cause any of the Assigned Leases or Assigned Contracts, permits, licenses or approvals to have materially more onerous terms or conditions to Purchaser, (ii) in connection with an amendment of the Collective Bargaining Agreement that is otherwise prohibited by this subsection (c), provided that ComEd reimburses Purchaser for any amendments to the Collective Bargaining Agreement related to a material net increase in hourly wage rates and benefits provided to fossil division bargaining unit employees who are hired by Purchaser in an amount equal to the present value of such net increase, as of the Closing Date, over the 30-month period following the Closing Date, using a discount rate of 10%, (iii) as may be required in connection with transferring ComEd's rights or obligations thereunder to Purchaser in connection with the transactions contemplated by this Agreement or with ComEd and Purchaser obtaining the Required Consents or (iv) as may be required by a Governmental Authority.