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The parties hereto have executed this Amendment, or a counterpart

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APPENDIX 4

AT (49-18)-12

AGREEMENT

AMONG

UNITED STATES OF AMERICA

AS REPRESENTED BY

THE UNITED STATES ATOMIC ENERGY COMMISSION

AND

TENNESSEE VALLEY AUTHORITY

AND

COMMONWEALTH EDISON COMPANY

AND

PROJECT MANAGEMENT CORPORATION

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5. Paragraph 7.(s) of the Memorandum provides the general outline of the indemnification for which AEC will seek legislative authority. The form of the indemnity for which AEC will seek authorization to give is set forth in the definitive contracts.

Until

6. Paragraph 2 of Attachment 9 of the Memorandum provides for arbitration in case of disagreement among the parties regarding whether project termination criteria have been met. AEC will seek legislation or other appropriate confirmation of its authority to arbitrate. such authority is obtained, the agreement of at least three of the five parties will be required to establish that any particular project termination criterion has been met.

The definitive contracts among AEC, TVA, CE and PMC and between PMC and BRC will be signed by the parties after this amendment has been submitted to the Joint Committee on Atomic Energy and the requirements of PL 91-273 as amended by PL 92-84 have been fully complied with. Copies of these unexecuted definitive contracts are attached for reference.

Consistent with paragraph 7. (m) of the Memorandum, the parties have determined that there is no additional information available to support a change in the presently estimated cost of the Demonstration Plant as shown in Attachment 10 to the Memorandum and will so stipulate upon execution of the definitive contracts.

The parties here to have executed this Amendment, or a counterpart thereof, effective the 22nd day of January, 1973.

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