(c) Subject to the provisions of Article VI A.(5)(d), in the event the Commission shall fail to designate for chemical processing the full number of processing units of specification material falling into Material Categories 3, 5, 6, 7 or 8 set forth in its notification to the Contractor hereunder, the Commission shall pay to the Contractor for each of the types of waste storage tanks (as specified in Article VI A.(2), (3) and (4)) with respect to which such failure has occurred, an amount determined by the formula set forth below, minus the amount for perpetual maintenance of waste to be stored in such type of tank that has already been paid or is due the Contractor in accordance with Article VI A.(5)(a), provided, however, that in computing the amount paid or due under Article VI A. (5)(a) there shall be disregarded the terms "plus 8" (in the case of subsection (iii)), "minus 69" (in the case of subsection (v)), "minus 78" (in the case of subsection (vii)), and "plus 166" (in the case of subsection (viii)):

(i) Stainless steel waste storage tanks (Article VI A.(2))

(ii) Carbon steel waste storage tanks (Article VI A.(3))

(iii) Cooled carbon steel waste storage tanks (Article VI A. (4))

As used in this formula, the foregoing terms shall have the following meanings:

Ci

Ei

The actual cost to the Contractor for the design,
construction and installation of stainless steel
tanks, spare tanks and equipment for which the
Commission is responsible to pay the Contractor in
accordance with Article VI A.(2).

The actual cost to the Contractor for the design,
construction and installation of carbon steel tanks,
spare tanks and equipment for which the Commission
is responsible to pay the Contractor in accordance
with Article VI A.(3).

The actual cost to the Contractor for the design,
construction and installation of cooled carbon steel

Vi

-

tanks, spare tanks and equipment for which the
Commission is responsible to pay the Contractor in
accordance with Article VI A.(4).

The number of gallons of waste set forth in
Article VI A.(2), (3) or (4) as the number of
gallons conclusively presumed to be generated per
processing unit for the respective Material Category
or Categories, multiplied by the number of processing
units in such Material Category or Categories desig-
nated by the Commission to be chemically processed.

A volume of waste in an applicable Material Category
or Categories determined by multiplying (i) the
number of processing units specified by the Commis-
sion in its notifications to the Contractor pursuant
to Article VI A.(2), (3) or (4) by (ii) the number
of gallons of waste set forth in Article VI A.(2),
(3) or (4) as the number of gallons conclusively
presumed to be generated per processing unit for
the respective Material Category or Categories.

(d) The Commission shall have no liability to pay for
perpetual care of wastes in Material Categories 3, 5 or 7 if it
shall not designate for chemical processing material in those
Material Categories, notwithstanding any notification to the
Contractor under Article VI A. (2) or (4). If the Commission
shall not designate any material in both Material Categories 6 and
8, the Commission shall have no liability to pay for perpetual
care of waste in those Material Categories, notwithstanding any
notification to the Contractor under Article VI A.(3); but this
sentence shall not apply if the Commission designates for
chemical processing material in either Material Category 6 or 8.

(e) The Perpetual Maintenance of Waste Charges set forth in subparagraphs (a) and (c) of Article VI A.(5) are based on an assumed ratio of working waste storage tanks to spare tanks of 3 to one in the case of carbon steel tanks and cooled carbon steel tanks and 5 to one in the case of stainless steel tanks. In the event the ratio of working waste storage tanks to spare tanks, as actually built, is less than 3 to one in the case of carbon steel tanks and cooled carbon_steel tanks, or 5 to one in the case of stainless steel tanks, [these Perpetual Maintenance of Haste. Charge: will_be_equitably adjusted dowwerding

B. The following terms as used in this Article VI shall have the following meaning:

(1) "Actual cost": the price paid by the Contractor to a third party for designing, constructing and installing waste storage tanks, spare tanks and equipment and the following out-of-pocket costs which are reasonably and necessarily incurred by the Contractor in connection with such design, construction and installation:

(2)

capacity.

"Effective capacity": a capacity equal to 90% of design

C. The Contractor shall obtain at least 3 bids for the design, construction and installation of the waste storage tanks, spare tanks and equipment referred to above, and shall accept the bid of the lowest responsible bidder, unless the Commission shall within 30 days of receipt of notice of the bids from the Contractor direct that the Contractor accept another bid. The Contractor shall establish the size and number of the working waste storage tanks with the approval of the Commission, subject to the foregoing provisions of this Article VI with respect to the effective capacity of the tanks to be built, provided that the Commission shall not designate for chemical processing a quantity of specification material in Material Categories 6 and 8 which would require the Contractor to build more than one working tank, Contractor's specifications for the design, construction and installation of tanks and equipment shall be consistent with the Contractor's past practice of design, construction and installation of tanks and equipment and in accord with the existing state of the art.

C. The Contractor shall obtain at least 3 bids for the design, construction and installation of the waste storage tanks, spare tanks and equipment referred to above, and shall accept the bid of the lowest responsible bidder, unless the Commission shall within 30 days of receipt of notice of the bids from the Contractor direct that the Contractor accept another bid, The Contractor shall establish the size and number of the working waste storage tanks with the approval of the Commission, subject to the foregoing provisions of this Article VI with respect to the effective capacity of the tanks to be built, provided that the Commission shall not designate for chemical processing a quantity of specification material in Material Categories 6 and 8 which would require the Contractor to build more than one working tank, and provided further that, unless the parties hereto shall otherwise agree in writing, the size of the working tanks shall not exceed the following:

The Contractor's specifications for the design, construction and installation of tanks and equipment shall be consistent with the Contractor's past practice of design, construction and installation of tanks and equipment and in accord with the existing state of the art,

D. Each spare tank to be designed, constructed and installed in accordance with this Article VI shall have an effective capacity no greater than the effective capacity of the largest working tank which such spare tank is designed to serve.

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In addition to its rights under Articles XXX and XXXI the Commission will have the right, at all reasonable times, and to the extent that construction of the Plant and normal Plant operations are not impeded, to inspect at the Plant the work and activities of the Contractor and Bechtel Corporation under the Plant Construction Agreement and the work and activities of the Contractor, its contractors and subcontractors relating to the performance of work under this contract. Except as otherwise authorized in writing by the Commission, the Contractor will insert provisions in all its subcontracts and in all its contracts and agreements relating to performance of work at the Plant under this contract (other than for standard commercial products, equipment or supplies) affording the Commission these rights. Performance of work in the course of or under this contract, for the purposes of this Article VII shall be deemed to include but not be limited to performance in the Plant of chemical processing for persons other than the Commission as well as for the Commission during the term of this contract, provided that nothing herein shall be deemed to require the Contractor to include any of the provisions referred to in this Article VII in any contract for the performance of chemical processing services by the Contractor,

A. Subject to the provisions of Article XLVIII, the Contractor may determine that irradiated reactor material delivered by the Commission is non-specification at any time up to and including the time at which measurement of the material is completed prior to solvent extraction in the Plant, but in no event subsequent to the time such material first enters the solvent extraction system in the Plant. Material which the Contractor has not claimed to be non-specification material as of the time of completion of measurement as provided in the preceding sentence, or as of the time the material first enters the solvent extraction system in the Plant whichever occurs first, will be conclusively deemed to be specification material for all purposes under this contract. The burden of proving that irradiated reactor material is non-specification material shall be on the Contractor.

B. If the Contractor determines that irradiated reactor material is non-specification prior to the commencement of mechanical or chemical - treatment of the material by the Contractor, the Contractor shall promptly notify the Commission of its determination. Notwithstanding such determination by the Contractor, the Commission may, subject to the provisions of Article VIII D., if it disagrees with the Contractor's determination, deliver such material to the Contractor, or continue to store such material in the Plant storage facilities, pending resolution of any dispute concerning the Contractor's determination. Any removal or other disposition of non-specification material stored in the Contractor's storage facilities shall be accomplished in a reasonable time and at the expense of the Commission.