Replacement Project. Notwithstanding MGE's obligations under Section 9 (Operation of Nuclear Plant Pending Closing) and except as provided in Section 24 (Termination), MGE shall not be liable for the costs of the Replacement Project, including staff additions to the extent attributable to the Replacement Project, and WPSC shall indemnify and hold MGE harmless from any such costs, irrespective of whether or not the Replacement Project is completed and/or the Closing occurs, and no costs for the Replacement Project or associated overheads will be allocated to MGE pursuant to the JPSA, and the Book Value of MGE's Interest in the Nuclear Plant shall not include the value of the Replacement Project. WPSC agrees to separately track and record all costs of the Replacement Project, including loaded labor costs and indirect costs. Nothing in this Agreement obligates WPSC to proceed with the Replacement Project.
Appears in 2 contracts
Sources: Settlement and Ownership Transfer Agreement (Wisconsin Public Service Corp), Settlement and Ownership Transfer Agreement (WPS Resources Corp)