THE TERM AND UPON THE CONDITIONS
AND COVENANTS SET FORTH IN THIS LEASE, SUBJECT TO PERMITTED ENCUMBRANCES AND
SUBJECT TO THE RIGHTS OF LANDLORD AND COMED AND THEIR CONTRACTORS (A) TO ACCESS
THE SWITCHYARD, SYNCHRONOUS CONDENSER AREA, NEW VAR FACILITY AREA AND NEW
CONTROL AREA, (B) TO OPERATE AND MAINTAIN THE SWITCHYARD AND SYNCHRONOUS
CONDENSERS, AND (C) TO CONSTRUCT AND OPERATE THE NEW VAR FACILITY AND A NEW
CONTROL FACILITY; FOR ALL MATTERS DESCRIBED IN CLAUSES (A), (B) AND (C), TO THE
SAME EXTENT AS COMED HAS UNDER THE EDISON EASEMENT.
2.2 EASEMENTS.
(A) TENANT HEREBY ACKNOWLEDGES THAT THE LEASE IS SUBJECT TO THE PERMITTED
ENCUMBRANCES WHICH INCLUDE THAT CERTAIN FACILITIES, OPERATION AND EASEMENT
AGREEMENT DATED AS OF JANUARY 12, 2001, AND RECORDED IN THE OFFICE OF THE
RECORDER OF DEEDS, LAKE COUNTY, ILLINOIS ON JANUARY 23, 2001 AS DOCUMENT
NO. 4635121, AND RE-RECORDED ON FEBRUARY 20, 2001, AS DOCUMENT NO. 4647301, AS
AMENDED BY THAT CERTAIN AMENDMENT TO EASEMENT DATED
, 2007 (AS
SO AMENDED, THE "EDISON EASEMENT"), WHICH GRANTS COMED, AMONG OTHER THINGS,
CERTAIN EASEMENTS OVER THE PREMISES (I) TO ACCESS THE SWITCHYARD, SYNCHRONOUS
CONDENSER AREA, NEW VAR FACILITY AREA AND NEW CONTROL AREA, (II) TO OPERATE AND
MAINTAIN THE SWITCHYARD AND
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SYNCHRONOUS CONDENSERS, AND (III) TO CONSTRUCT AND OPERATE THE NEW VAR FACILITY
AND A NEW CONTROL FACILITY, ALL AS MORE FULLY PROVIDED IN THE EDISON EASEMENT.
(B) THE EDISON EASEMENT IS SUBJECT TO THE REQUIREMENTS OF THE NRC LICENSES, THE
ACCESS CONTROL REQUIREMENTS IMPLEMENTED THEREUNDER AND TENANT'S RIGHT FROM TIME
TO TIME TO ESTABLISH REASONABLE RULES AND REGULATIONS CONCERNING THE USE AND
ENJOYMENT OF SUCH EASEMENT, INCLUDING TO THE EXTENT REQUIRED BY 10 CFR PART 100,
THE ABILITY TO EXCLUDE PERSONNEL AND PROPERTY FROM THE EXCLUSION AREA BUT
LIMITED TO THOSE CIRCUMSTANCES WHEN TENANT IS REQUIRED TO HAVE THE ABILITY TO
EXERCISE SUCH AUTHORITY.
LANDLORD AND COMED SHALL BE RESPONSIBLE FOR THE ACTS
AND OMISSIONS OF THEIR DESIGNEES UNDER SUCH EASEMENT AS IF THE ACTS AND
OMISSIONS OF SUCH DESIGNEES CONSTITUTED THE ACTS AND OMISSIONS OF LANDLORD OR
COMED.
LANDLORD AND ITS DESIGNEES SHALL, UPON TENANT'S REQUEST FROM TIME TO
TIME, CAUSE COMED TO PROVIDE TENANT AND ITS DESIGNEES SAFE AND REASONABLE ACCESS
TO THE SWITCHYARD (INCLUDING, WITHOUT LIMITATION, DE-POWERING THE SAME) AS
REASONABLY NECESSARY TO PERMIT TENANT TO PERFORM ITS OBLIGATIONS UNDER THIS
LEASE, BUT SUBJECT IN ALL CASES TO GOOD UTILITY PRACTICES.
(C) LANDLORD ACKNOWLEDGES AND AGREES THAT THE NEW VAR FACILITY SHALL NOT BE
CONNECTED TO ANY SEWER, WATER, OR OTHER UTILITIES LOCATED ON OR DIRECTLY SERVING
THE BALANCE OF THE PREMISES, OTHER THAN THE SWITCHYARD AND THE NEW CONTROL AREA,
AND THAT LANDLORD SHALL ARRANGE TO OBTAIN ALL UTILITIES DIRECTLY FROM
THIRD-PARTY SERVICE PROVIDERS.
THE NEW VAR FACILITY AREA WILL BE LOCATED
OUTSIDE OF THE CURRENT PLANT SECURITY AREA AND WILL BE FENCED OFF FROM THE
REMAINING PREMISES.
ACCESS TO THE NEW VAR FACILITY AREA AND THE SWITCHYARD WILL
BE CONTROLLED BY LANDLORD AND/OR COMED AUTHORIZED PERSONNEL. LANDLORD FURTHER
ACKNOWLEDGES