AREA AND THE SWITCHYARD, NOT TO DISRUPT ANY OF
LANDLORD'S OR ITS AFFILIATES' OPERATIONS IN THESE AREAS OR DISTURB OR DAMAGE ANY
OF LANDLORD'S, COMED'S OR ANY OF THEIR AFFILIATES' EQUIPMENT AND FACILITIES
LOCATED IN THESE AREAS.
PRIOR TO COMMENCING ANY WORK IN OR IMMEDIATELY ADJACENT
TO THESE AREAS TENANT SHALL
16
NOTIFY LANDLORD AND COOPERATE WITH LANDLORD TO AVOID ANY SUCH DISRUPTION,
DISTURBANCE OR DAMAGE.
8.12
COMPLIANCE WITH LAWS AND PERMITS.
EACH PARTY SHALL IMMEDIATELY NOTIFY
THE OTHER IN WRITING UPON OBTAINING KNOWLEDGE OF ANY MATERIAL VIOLATIONS OF ANY
APPLICABLE LAWS RELATING TO THE PREMISES AND UPON RECEIVING ANY WRITTEN NOTICE,
CORRESPONDENCE, WRITTEN DEMAND OR WRITTEN COMMUNICATION FROM ANY GOVERNMENTAL
AUTHORITY ALLEGING A MATERIAL VIOLATION OF ANY LAWS OR PERMITS RELATING TO THE
PREMISES.
EACH PARTY SHALL OBTAIN AND MAINTAIN, AT ITS SOLE COST AND EXPENSE,
ANY AND ALL PERMITS, LICENSES, AUTHORIZATIONS AND OTHER SIMILAR APPROVALS
NECESSARY TO PERFORM ITS OBLIGATIONS UNDER THIS LEASE.
8.13
COOPERATION AND COMMUNICATION.
LANDLORD AND TENANT SHALL (AND LANDLORD
SHALL CAUSE COMED TO) REASONABLY COOPERATE AND COMMUNICATE REGARDING THEIR
RESPECTIVE OPERATIONS AROUND THE SYNCHRONOUS CONDENSERS, SWITCHYARD, NEW VAR
FACILITY AND NEW CONTROL AREA.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING
SENTENCE, IT IS SPECIFICALLY AGREED THAT (A) THE NEW VAR FACILITY SHALL BE
(I) LOCATED OUTSIDE OF THE CURRENT PLANT SECURITY AREA,
(II) FENCED OFF FROM
THE BALANCE OF THE PREMISES AT LANDLORD'S EXPENSE AND (III) ACCESS CONTROLLED BY
LANDLORD AT ITS EXPENSE, (B) ACCESS INTO THE SWITCHYARD WILL BE CONTROLLED BY
LANDLORD AND/OR COMED AT NO EXPENSE TO TENANT AND (C) AT NO EXPENSE TO TENANT,
THE SYSTEMS REQUIRED FOR THE SUPPORT AND OPERATION OF THE SYNCHRONOUS CONDENSERS
WILL BE CLEARLY IDENTIFIED BY NAME AND OTHER MARKINGS SUCH AS PAINT WITHIN THE
SYNCHRONOUS CONDENSER AREA AND SECURED WITH BARRIERS, FENCING, LOCKS OR OTHER
CONTROLS TO PREVENT DISTURBANCE.
ARTICLE IX
INSPECTION
9.1
INSPECTION OF PREMISES.
UPON REASONABLE PRIOR WRITTEN NOTICE, AND
SUBJECT TO SUCH REASONABLE ACCESS CONTROL MEASURES AS FROM TIME TO TIME ARE
IMPLEMENTED UNDER THE NRC LICENSES OR OTHERWISE INSTITUTED BY TENANT, TENANT
SHALL PERMIT LANDLORD, ITS AGENTS AND REPRESENTATIVES TO ENTER THE PREMISES IN
ORDER TO MONITOR, AT LANDLORD'S EXPENSE, TENANT'S AND ITS DESIGNEES' PERFORMANCE
OF TENANT'S OBLIGATIONS UNDER THIS LEASE AND THE OTHER DOCUMENTS ENTERED INTO IN
CONNECTION WITH THE ASSET SALE AGREEMENT.
WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING SENTENCE, IT IS SPECIFICALLY AGREED THAT LANDLORD SHALL HAVE NO
RIGHT TO DIRECT OR MANAGE THE PERFORMANCE OF TENANT'S OBLIGATIONS OR TO DICTATE
THE SCHEDULING OF SUCH PERFORMANCE.
LANDLORD SHALL USE BEST EFFORTS TO MINIMIZE
DISRUPTION TO TENANT'S OPERATIONS AT THE PREMISES IN CONNECTION WITH ANY SUCH
ENTRY.
ARTICLE X
INSURANCE
10.1
TYPES AND AMOUNTS OF REQUIRED INSURANCE COVERAGE.
TENANT SHALL OBTAIN
AND MAINTAIN (A) THROUGHOUT THE LEASE TERM COMMERCIAL GENERAL LIABILITY
INSURANCE (WRITTEN ON AN OCCURRENCE BASIS) AND (B) FROM AND AFTER THE DATE ON
WHICH THE ISFSI ISLAND IS SUBSTANTIALLY COMPLETE, ALL-RISK PROPERTY INSURANCE.
SUCH COMMERCIAL GENERAL LIABILITY INSURANCE SHALL BE IN AN
17
AMOUNT NOT