TO TENANT; PROVIDED,
HOWEVER, THAT THE LOCATION AND SIZE OF THE NEW VAR FACILITY AREA SHALL BE
REASONABLY SATISFACTORY TO TENANT; AND PROVIDED, FURTHER, THAT IF AND TO THE
EXTENT THAT THE CONTEMPLATED LOCATION OF THE ISFSI ISLAND IS REQUIRED TO BE
MODIFIED ON ACCOUNT OF ENVIRONMENTAL AND/OR GEOLOGICAL FACTORS, AND THE
RELOCATION OF THE ISFSI ISLAND NECESSITATES A CORRESPONDING RELOCATION OF THE
NEW VAR FACILITY AREA, THEN THE NEW VAR FACILITY AREA SHALL BE ANOTHER PORTION
OF THE PREMISES, AS REASONABLY DETERMINED BY LANDLORD AND TENANT.
1.40 PREMISES:
THAT CERTAIN PIECE OR PARCEL OF LAND LOCATED IN ZION, LAKE
COUNTY, ILLINOIS, AS MORE FULLY DESCRIBED ON EXHIBIT A ATTACHED HERETO AND MADE
A PART HEREOF, TOGETHER WITH ALL IMPROVEMENTS, FIXTURES AND OTHER ITEMS OF REAL
PROPERTY NOW OR HEREAFTER LOCATED THEREUPON AND ALL APPURTENANCES, RIGHTS,
PRIVILEGES, EASEMENTS AND OTHER PROPERTY INTERESTS EXISTING THEREON AND
BENEFITING, BELONGING OR PERTAINING THERETO, SUBJECT TO POSSIBLE REDUCTION
PURSUANT TO SECTION 12.1.
1.41 PUT OPTION AGREEMENT:
THAT CERTAIN PUT OPTION AGREEMENT DATED AS OF EVEN
DATE HEREWITH BY AND BETWEEN TENANT AND LANDLORD, AS AMENDED FROM TIME TO TIME.
1.42 SCHEDULE EXTENSION CONDITIONS: (A) DELAYS CAUSED BY, OR RESULTING FROM
COMPLIANCE WITH REQUESTS (OTHER THAN REQUESTS FOR PERFORMANCE IN ACCORDANCE WITH
THE ASSET SALE AGREEMENT, THIS LEASE OR OTHER ANCILLARY AGREEMENTS OR
REQUIREMENTS OF LAW) BY, LANDLORD OR ITS AFFILIATES, INCLUDING, BUT NOT LIMITED
TO, DELAYS IN CONNECTION WITH THE PREPARATION FOR TRANSPORTATION AND
TRANSPORTATION OF SPENT NUCLEAR FUEL OFF-SITE (IF LANDLORD DETERMINES TO
TRANSFER SPENT NUCLEAR
4
FUEL OFF-SITE AND PURSUANT TO AN ARRANGEMENT AGREED UPON BETWEEN TENANT AND
LANDLORD), OR DELAYS CAUSED BY THE CONSTRUCTION OF A NEW VAR FACILITY, EXCEPT
DELAYS BEYOND ANY AGREED UPON SCHEDULE FOR SUCH ADDITIONAL WORK REQUESTS SUBJECT
TO A SEPARATE SCHEDULE EXTENSION CONDITION; (B) DELAYS CAUSED BY THE DISCOVERY
OF MATERIAL UNDISCLOSED ENVIRONMENTAL LIABILITIES; (C) DELAYS CAUSED BY MATERIAL
CHANGES IN APPLICABLE LAWS; (D) DELAY IN PERFORMANCE BY (I) VENDORS THAT PROVIDE
SERVICES OR EQUIPMENT RELATED TO THE STORAGE OR TRANSPORTATION OF SPENT NUCLEAR
FUEL, (II) VENDORS THAT PROVIDE LIFTING, RIGGING AND SEGMENTING SERVICES OR
EQUIPMENT RELATED TO THE REMOVAL OF REACTOR VESSELS AND INTERNALS AND
CONTAINMENT STRUCTURE, AND (III) RAILROADS THAT ARE INTENDED TO PROVIDE RAIL
ACCESS, RAIL CARS AND GONDOLAS; (E) DELAYS CAUSED BY THE ISSUANCE OF A
PRELIMINARY INJUNCTION OR OTHER ORDER OR DECREE, WHICH INJUNCTION IS
SUBSEQUENTLY LIFTED; (F) THE OCCURRENCE OF A MARKET EVENT; AND/OR (G) DELAYS
CAUSED BY, OR RESULTING FROM, LANDLORD'S FAILURE TIMELY TO PERFORM ITS
OBLIGATIONS UNDER THIS LEASE, INCLUDING, WITHOUT LIMITATION, ITS OBLIGATIONS
UNDER SECTIONS 8.8(B) AND (C); PROVIDED, HOWEVER, THAT EXCEPT WITH RESPECT TO
CLAUSE (F), AN EVENT THAT CAUSES DELAYS SHALL ONLY BE A SCHEDULE EXTENSION
CONDITION TO THE EXTENT (1) SUCH EVENT IS BEYOND THE REASONABLE CONTROL OF
ENERGYSOLUTIONS AND TENANT; (2) ENERGYSOLUTIONS AND TENANT ARE UNABLE TO
PREVENT, AVOID OR OVERCOME SUCH EVENT THROUGH THE EXERCISE OF DILIGENT EFFORTS
AND PROCEED WITH WORK NOT AFFECTED BY THE SCHEDULE EXTENSION CONDITION; AND
(3)