purchase additional insurance requested by the Administrator, at the Administrator's expense, to the extent insurance may be available. The proceeds from such requested insurance shall be disbursed as directed by the Administrator.

10. Permits. Subject to any regulations of the Atomic Energy Commission pertaining to the Project, if by the terms of this agreement any equipment or facility of either party is, or is to be, located on the property of the other, a permit to install, test, maintain, inspect, replace, and repair during the term of this agreement and to remove at the expiration of said term such equipment and facility, together with the right of ingress to and egress from the location thereof at all reasonable times in such tem, is hereby granted to the other party.

11. Ownership of Facilities.

(a) Ownership of any and all equipment, and all salvable facilities, installed by the Administrator or the Project Owners on the property of the othe shall be and remain in the installing party.

(b) Each party shall identify all movable equipment and to the extent agreed upon by the parties, all other salvable facilities which are installed by such party on the property of the other, by permanently affixing thereto suitable tags, stencils, stamps,. or other markers plainly stating the name of the owner of the equipment and facilities so identified.

but

12. Inspection of Project Facilities. The Administrator may, shall not be obligated to, inspect the Project at any reasonable time, but. such inspection, or failure to inspect, shall act render the Government, its officers, agents, or employees, liable or responsible for any injury, loss, damage, or accident resulting from defects in the Project.

13. Assigment of Agreement. This agreement shall inure to the benefit of, and shall be binding upon, the respective successors and assigns of the parties to this agreement; provided, however, that neither this agree-. ment, nor any interest therein shall be transferred or assigned by (a) Supply System to any entity other than the United States or an agency thereof, without written consent of the Administrator, or (b) the Administrator to any party other than the United States, or an agency thereof, without written consent of Supply System.

14. Applicability of Other Instruments. It is recognized by the parties hereto that Supply System' in the ownership, construction and operation of the Project must comply with the requirements of the Ownership Agreement, the Bond Resolution and all licenses, permits and regulatory approvals necessary for such ownership, construction and operation, and it is, therefore, agreed that this agreement is made, and referrals to the Project Consultant hereunder shall be, subject to the terms and

provisions of the Bond Resolution and all such licenses, permits, and regulatory approvals.

IN WITNESS WHEREOF, the parties hereto have executed this agreement

I, Donald W. Franzwa, Head of Contracts, Branch of Customer Service, Division of Power Management, Bonneville Power Administration, do hereby certify that the within and foregoing is a true, complete and conformed composite copy of Contract No. 14-03-39100 and that signed counterpart originals are on file with the Bonneville Power Administration, each signed by one or more of the parties there to which taken together bear the signatures of all the parties thereto.

Date

OCT 16 1973

S/ DONALD W. FRANZWA

21

Sec. 14

EXHIBIT A

PROJECT CHARACTERISTICS

WASHINGTON PUBLIC POWER SUPPLY SYSTEM

NUCLEAR PROJECT NO. 3

The Washington Public Power Supply System's Nuclear Project No. 3 is expected to have a net electrical plant capability of approximately 1,100 MY.

It will be located on a site in the State of Washington acceptable to the Project Owners and the Administrator.

The plant and associated facilities will include a nuclear steam supply system, fuel and reactor coolant system with all related containment structures, safety features, instrumentation, control and auxiliary systems; turbine-generator, condensers and circulating water cooling systems, faciliities and piping; electrical and mechanical systems and other related equipment and facilities; electrical facilities required to deliver the output of the Project to the BPA transmission system at a point to be determined by the Supply System and the Administrator; and other structures, shops, warehouses, construction facilities, offices, equipment or facilities required in the construction, maintenance and operation of the Project.

A complete description of the Project will be prepared after bids have been received and evaluated and awards have been made for major plant components

(12-3-69)

1.

PROVISIONS REQUIRED BY STATUTE OR EXECUTIVE ORDER

Contract Work Hours and Safety Standards.

This contract, to the extent that it is of a character specified in the Contract Work Hours and Safety Standards Act (Public Law 87-581, 76 Stat. 357-360, as amended) and is not covered by the Walsh-Healey Public Contracts Act (41 U. S. C. 35-45), is subject to the following provisions and to all other provisions and exceptions of said Contract Work Hours and Safety Standards Act.

(a) No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he is employed on such work, to work in excess of eight hours in any calendar day or in excess of forty hours in any workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is the greater number of overtime hours.

(b) In the event of any violation of the provisions of subsection (a), the Contractor and any subcontractor responsible for such violation shall be liable to any affected employee for his unpaid wages. In addition, such Contractor or subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed, with respect to each individual laborer or mechanic employed in violation of the provisions of subsection (a), in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of eight hours or in excess of forty hours in a workweek without payment of the required overtime wages.

(e) The Administrator may withhold, or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor, the full amount of wages required by this contract and such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages as provided in subsection (b).

(d) No contractor or subcontracter contracting for any part of the contract work shall require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation based on proceedings pursuant to section 55: of title 5, United States Code, provided that such proceedings include a bearing of the nature authorized by said section.