BE GIVEN OR
WITHHELD IN LANDLORD'S SOLE AND ABSOLUTE DISCRETION, ALL RESTRICTIONS AND
OBLIGATIONS IMPOSED PURSUANT TO THIS LEASE ON TENANT SHALL BE DEEMED TO EXTEND
TO ANY SUBTENANT, ASSIGNEE OR OTHER TRANSFEREE AND TENANT SHALL CAUSE SUCH
PERSON OR ENTITY TO COMPLY WITH SUCH RESTRICTIONS AND OBLIGATIONS AND TENANT
SHALL REMAIN LIABLE UNDER THIS LEASE TO THE SAME EXTENT AS IF IT HAD NOT
ASSIGNED THIS LEASE.
ARTICLE VIII
CONDITION; ALTERATIONS; DECOMMISSIONING AND OTHER WORK
8.1
AS-IS CONDITION.
TENANT ACKNOWLEDGES THAT IT HAS BEEN GIVEN AN OPPORTUNITY
TO EXAMINE THE PREMISES.
EXCEPT AS EXPRESSLY SET FORTH IN THE ASSET SALE
AGREEMENT OR THIS LEASE, TENANT HEREBY ACCEPTS THE CONDITION OF THE PREMISES IN
ITS AS-IS, WHERE-IS CONDITION, WITH ALL FAULTS.
EXCEPT AS EXPRESSLY SET FORTH
IN THE ASSET SALE AGREEMENT OR THIS LEASE, NO REPRESENTATIONS AS TO THE
CONDITION, REPAIR OR COMPLIANCE WITH APPLICABLE LAWS, AND NO AGREEMENTS TO MAKE
ANY ALTERATIONS, REPAIRS OR IMPROVEMENTS IN OR ABOUT THE PREMISES HAVE BEEN MADE
BY OR ON BEHALF OF LANDLORD.
TENANT ACKNOWLEDGES AND AGREES THAT ITS SOLE
REMEDY FOR BREACH OF ANY REPRESENTATION OR WARRANTY OF LANDLORD IN THE ASSET
SALE AGREEMENT CONCERNING THE CONDITION OF THE PREMISES SHALL BE PURSUANT TO THE
APPLICABLE PROVISIONS OF THE ASSET SALE AGREEMENT.
8.2
ISFSI ISLAND.
TENANT SHALL, AT ITS EXPENSE, CONSTRUCT IN A GOOD AND
WORKMANLIKE MANNER AN INDEPENDENT SPENT FUEL STORAGE INSTALLATION (THE "ISFSI
ISLAND") IN ACCORDANCE IN ALL MATERIAL RESPECTS WITH THE PLANS AND
SPECIFICATIONS ATTACHED HERETO AS EXHIBIT C. TENANT SHALL BE RESPONSIBLE, AT ITS
EXPENSE, FOR THE MAINTENANCE AND OPERATION OF THE ISFSI ISLAND DURING THE
12
PERIOD COMMENCING ON THE DATE ON WHICH THE SAME IS SUBSTANTIALLY COMPLETED AND
EXPIRING AT THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE TERM.
8.3
ISFSI CAMPAIGN.
UPON THE SUBSTANTIAL COMPLETION OF THE ISFSI ISLAND,
TENANT SHALL, AT ITS EXPENSE AND IN COMPLIANCE WITH APPLICABLE LAWS, PLACE ALL
SPENT NUCLEAR FUEL AND GREATER THAN CLASS C WASTE LOCATED AT THE PREMISES AS OF
THE LEASE COMMENCEMENT DATE INTO CASKS AND PLACE AND STORE SUCH CASKS AT THE
ISFSI ISLAND SO AS TO PERMIT THE NRC LICENSES TO BE AMENDED TO COVER ONLY THE
ISFSI ISLAND (COLLECTIVELY, THE "ISFSI CAMPAIGN").
TENANT SHALL USE DILIGENT
EFFORTS TO PERFORM REQUIRED DECOMMISSIONING AND OTHER WORK REQUIRED UNDER THIS
LEASE AND CONSTRUCT THE ISFSI ISLAND AND COMPLETE THE ISFSI CAMPAIGN ON A
SCHEDULE ESTABLISHED BY TENANT TO ACHIEVE THE APPLICABLE SITE RESTORATION
MILESTONE FOR COMPLETION OF THE ISFSI CAMPAIGN.
8.4
DECOMMISSIONING.
TENANT SHALL, AT ITS EXPENSE, PERFORM ALL DECOMMISSIONING
WORK AT THE PREMISES REQUIRED BY LAW.
THE PREMISES AND IMPROVEMENTS AND ALL
TANGIBLE ZION ASSETS LOCATED AT THE PREMISES SHALL BE RADIOLOGICALLY RELEASED
MEETING NRC MARISSM GUIDANCE AND ANY OTHER APPLICABLE LAWS.
NOTWITHSTANDING THE
FOREGOING PROVISIONS OF THIS SECTION 8.4 TO THE CONTRARY, TENANT SHALL HAVE NO
OBLIGATION TO PERFORM ANY ENVIRONMENTAL DECONTAMINATION (OTHER THAN RADIOLOGICAL
DECONTAMINATION) TO THE SWITCHYARD.
8.5
REMOVAL OF IMPROVEMENTS; SITE RESTORATION.
TENANT SHALL NOT CONSTRUCT ANY
STRUCTURES OR INSTALL ANY