Common use of Nuclear Operations Clause in Contracts

Nuclear Operations. Seller shall not permit PGE or any of its subsidiaries to (i) breach any existing contract or arrangement for the disposal or storage of spent nuclear fuel or components of the PGE Nuclear Facility; or (ii) obligate itself to the payment of decommissioning expenses for the PGE Nuclear Facility, or propose or adopt a budget for such decommissioning expenses, which exceeds the decommissioning forecast set forth in Section 5.13 of the Seller Disclosure Schedule, by an amount sufficient to produce a PGE Material Adverse Effect when measured over the life of the payment obligation or budget for such expenses. Seller shall not permit PGE to engage in, or enter into the business of undertaking to engage in, the transportation, treatment or disposal of radioactive waste generated by third parties. To the extent not prohibited by applicable laws, regulations, facility licenses, permits and agreements with third parties existing as of the date of this Agreement, at all times prior to the Closing, Seller shall make available to Purchaser, upon its request, any existing information relevant to the operation or decommissioning of the PGE Nuclear Facility, and shall inform Purchaser promptly of any proposed material changes to the Decommissioning Plan. If Seller is prohibited by agreement with a third party from providing information to Purchaser, Seller shall use reasonable efforts (including taking into account Purchaser's willingness to execute appropriate confidentiality agreements) to obtain the consent of such third party to the release of such information. In addition, upon reasonable notice, Seller shall allow access by two individuals designated by Purchaser, to all portions of the PGE Nuclear Facility, affording those Persons the same degree of access to facilities and information to the same extent afforded the Vice President of Nuclear and Thermal Operations. Access by the individuals selected by Purchaser shall be pursuant to existing procedures for access to the PGE Nuclear Facility, including any security clearance and training normally required of PGE nuclear personnel.

Nuclear Operations. Seller shall not permit PGE or any of its ------------------------------- subsidiaries to (i) breach any existing contract or arrangement for the disposal or storage of spent nuclear fuel or components of the PGE Nuclear Facility; Facility or (ii) obligate itself to the payment of decommissioning expenses for the PGE Nuclear Facility, Facility or propose or adopt a budget for such decommissioning expenses, which exceeds the decommissioning forecast set forth in Section 5.13 of the Seller Disclosure Schedule, by an amount sufficient to produce a PGE Material Adverse Effect when measured over the life of the payment obligation or budget for such expenses. Seller shall not permit PGE to engage in, or enter into the business of undertaking to engage in, the transportation, treatment or disposal of radioactive waste generated by third parties. To the extent not prohibited by applicable lawsLaws, regulationsRegulations, Permits, facility licenses, permits licenses and agreements with third parties existing as of the date of this Agreement, at all times prior to the Closing, Seller shall make available to Purchaser, upon its request, any existing information relevant to the operation or decommissioning of the PGE Nuclear Facility, Facility and shall inform Purchaser promptly of any proposed material changes to the Decommissioning Plan. If Seller is prohibited by agreement with a third party from providing information to Purchaser, Seller shall use reasonable efforts (including taking into account Purchaser's willingness to execute appropriate confidentiality agreements) to obtain the consent of such third party to the release of such information. In addition, upon reasonable notice, Seller shall allow access by two individuals individuals, designated by Purchaser, to all portions of the PGE Nuclear Facility, affording those Persons the same degree of access to facilities and information to the same extent afforded the Vice President of Nuclear and Thermal Operations. Access by the individuals selected by Purchaser shall be pursuant to existing procedures for access to the PGE Nuclear Facility, including any completion of documentation, security clearance and training normally required of PGE nuclear personnel.