ment or any breach thereof, shall be submitted to arbitration upon the request of either PMC or BRC in the manner provided herein. The party submitting a request for arbitration shall serve notice upon the other party setting forth in detail the matter or matters to be arbitrated, including a statement of the facts or circumstances giving rise to the controversy, claim, counterclaim or dispute involved and the party's contention with respect to the correct resolution thereof. If the request for arbitration involves in whole or in part a matter of accounting, the sole arbitrator with respect to the accounting matter shall be a firm of independent public accountants selected jointly by the parties. With respect to any other question, or if such firm of independent public accountants is unable or unwilling to act, the parties shall endeavor to agree upon and appoint one person to act as sole arbitrator. If the parties fail to agree upon such sole arbitrator within such 15 days, they shall, and either of them may, within the five days thereafter, request the Chief Judge of the United States Court of Appeals for the Seventh Circuit to appoint an arbitrator. appoint an arbitrator If the Chief Judge does not within 30 days of the date of the request for arbitration, the parties shall, and either of them may, within the next ten days there- to appoint the arbitrator pursuant to its then existing rules. (b) The arbitration shall be conducted in accordance with the rules of the American Arbitration Association then in effect, to the full extent that such rules are not inconsistent with Illinois law. The parties agree that any arbitrator serving hereunder shall give full force and effect to all of the provisions of this Agreement. The findings and award of the arbitrator shall be binding and conclusive with respect to the matter or matters submitted to arbitration, except as the same may be modified, corrected or vacated in accordance with the Illinois statute then in effect governing arbitration. The costs of arbitration shall be divided equally between the parties. XVIII AMENDMENT · SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, and shall not be amended or modified without the prior written approval of AEC, Commonwealth Euison Company and Tennessee Valley Authority. This contract shall be construed so as to be consistent with the provisions of the AEC Agreement. IN WITNESS WHEREOF, the parties here to have executed this Agreement as of the day and year first above written. PROJECT MANAGEMENT CORPORATION By Title BREEDER REACTOR CORPORATION By Title APPENDIX B BRC shall indemnify and hold Utility harmless against any loss, damage, liability or expense, including attorney's fees, incurred by Utility which arise out of claims asserted by any third party for personal injury, death or property damage resulting from the negligent conduct of work performed in connection with the Project by PMC, CE, TVA or AEC or any of their contractors; provided, that Utility shall give BRC timely notice of any such claim, whereupon BRC shall have the right, but not the obligation to assume or to have another participant in the Project assume the defense of such claim. In the event BRC does assume, or have another participant in the Project assume the defense of such a claim, Utility shall have the right, at its own expense, to have its counsel consult with BRC or such other Project participant as to the defense thereof. APPENDIX 6 From the Office of the Joint Congressional Committee on Atomic Energy Press Release No. 693 Joint Congressional Committee on Atomic Energy Congressman Melvin Price, Chairman, Joint Committee on Atomic Energy, announced today that the Committee plans to hold public hearings concerning proposed changes in the general basis for the cooperative arrangement for the design, construction and operation of the first Liquid Metal Fast Breeder Reactor Demonstration Project, to be located near Cak Ridge, Tennessee. It is anticipated that these hearings will be held during the last part of February. The date and time of the hearings will be furnished at a later date. The basis for the existing arrangement had been approved by the Joint Committee on Atomic Energy after its submission by the AEC and three days of hearings held in September 1972. The present arrangement was founded on principles contained in the Memorandum of Understanding among the Atomic Energy Commission, Tennessee Valley Authority, Commonwealth Edison Company, Project Management Corporation, and the Breeder Reactor Corporation. The Committee has been advised that in negotiating the definitive contracts to implement this arrangement, the parties felt that some changes were necessary for the successful completion of the project. Among other things, the proposed arrangement, according to the AEC, contemplates a "partnership" approach under which the Project Management Corporation, with AEC officials participating on its Board of Directors, would be authorized to manage and establish general policy for the project. The implementation of this approach contemplates that the AEC would endeavor to secure any necessary legislative authorization to permit two of its officials to serve on the PMC Board of Directors. Under the enabling legislation (section 106 of P. L. 91-273, as amended by P. L. 92-84) the basis for these amendments is required to be submitted to the Joint Committee for a period of 45 days, unless a waiver is granted by the Committee. This information was submitted to the Joint Committee on January 26, 1973. The principle features of the revised arrangment are described in AEC's Revised Program Justification Data Arrangement No. 72-106 and Amendment No. 1 to the Memorandum of Understanding among the various parties. The details of the proposed arrangement are set out in the proposed definitive contracts between the AEC, TVA, Commonwealth Edison, and Project Management Corporation, and between PMC and the Breeder Reactor Corporation. Copies of all pertinent documents may be obtained by writing: Director, Division of Contracts, Atomic Energy Commission, Washington, D. C. 20545. |