SUCH SUCCEEDING MONTH, IN ACCORDANCE WITH THE
SCHEDULE DETERMINED AND DELIVERED TO THEM BY THE AGENT, OF THEIR RESPECTIVE
SHARES OF SUCH OPERATING COSTS AS PROVIDED IN THIS SECTION 5.2, PLUS ANY
ADDITIONAL SHARE RESULTING FROM AN INCREASED ENTITLEMENT OF ENERGY PURSUANT TO
SECTION 4.2 HEREOF. EACH SUCH NOTIFICATION MADE BY THE AGENT OF ANTICIPATED
OPERATING COSTS AND ADJUSTMENTS SHALL BE ACCOMPANIED AND ADJUSTED BY AN
ACCOUNTING OF THE OPERATING COSTS INCURRED AND CREDITS, IF ANY, ACCRUED FOR
PRECEDING MONTHS. THE PARTIES OTHER THAN THE AGENT SHALL HAVE UNTIL THE ONE
HUNDRED EIGHTIETH (180TH) DAY AFTER THE RECEIPT OF SUCH ACCOUNTING FROM THE
AGENT FOR ANY CHARGE OR CREDIT TO QUESTION OR CONTEST THE CORRECTNESS OF SUCH
CHARGE OR CREDIT, AT WHICH TIME THE CORRECTNESS OF SUCH CHARGE OR CREDIT SHALL
BE CONCLUSIVELY PRESUMED; PROVIDED, THAT SUCH PERIOD OF TIME SHALL BE
INTERPRETED PURSUANT TO THE AGREEMENT OF THE PARTIES REFERENCED BY
SECTION 9.15(I) OF THE NUCLEAR MANAGING BOARD AGREEMENT. THE AGENT WILL FROM
TIME TO TIME PROVIDE THE OTHER PARTIES WITH SUCH INFORMATION AS IS REASONABLY
REQUIRED FOR THEM TO ACCOUNT FOR SUCH PAYMENTS ON THEIR BOOKS. NO PAYMENT MADE
PURSUANT TO THIS SECTION 5.2 SHALL CONSTITUTE A WAIVER OF ANY RIGHT OF SUCH
OTHER PARTIES TO QUESTION OR CONTEST THE CORRECTNESS OF ANY CHARGE OR CREDIT TO
THEM BY THE AGENT IN RESPECT OF OPERATING COSTS.
(C)
THE AGENT WILL MAKE AVAILABLE TO THE
PARTIES OTHER THAN THE AGENT ALL FINANCIAL AND TECHNICAL RECORDS REGARDING PLANT
OPERATIONS AND OPERATING COSTS SUFFICIENT TO ALLOW
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SUCH OTHER PARTIES TO DETERMINE THAT SUCH COSTS ATTRIBUTED TO EACH VOGTLE UNIT
BY THE AGENT HEREUNDER ARE CORRECTLY ALLOCATED TO SUCH VOGTLE UNIT.
SECTION 5.3
OPERATING ACCOUNT.
(A)
PRIOR TO THE TIME THE FIRST OPERATION AND
MAINTENANCE BUDGET FOR EACH VOGTLE UNIT IS PROVIDED BY THE AGENT PURSUANT TO
SECTION 4.3 OF THE NUCLEAR MANAGING BOARD AGREEMENT, THE AGENT SHALL ESTABLISH
OR MAINTAIN A SEPARATE ACCOUNT OR ACCOUNTS FOR SUCH VOGTLE UNIT (EACH AN
"OPERATING ACCOUNT" AND COLLECTIVELY THE "OPERATING ACCOUNTS"). THE AMOUNTS HELD
IN THE OPERATING ACCOUNTS, WHICH IN THE DISCRETION OF THE AGENT MAY BE INTEREST
BEARING OR NON-INTEREST BEARING, MAY BE PHYSICALLY MAINTAINED BY THE AGENT IN
ONE OR MORE BANK ACCOUNTS IN A BANK OR BANKS THE DEPOSITS IN WHICH ARE INSURED,
SUBJECT TO APPLICABLE LIMITS, BY THE FEDERAL DEPOSIT INSURANCE CORPORATION AND
WHICH MEETS OR MEET ALL APPLICABLE REQUIREMENTS IMPOSED UPON DEPOSITARIES OF THE
AGENT. ALL MONEYS PAID BY THE PARTIES FOR OPERATING COSTS FOR EACH VOGTLE UNIT
SHALL BE DEPOSITED BY THE PARTIES IN THE APPLICABLE OPERATING ACCOUNT AND THE
AGENT SHALL WITHDRAW AND APPLY FUNDS THEREFROM ONLY AS NECESSARY TO PAY SUCH
OPERATING COSTS. IN THE EVENT THAT DURING ANY MONTH THE BALANCE IN THE
APPLICABLE OPERATING ACCOUNT IS INSUFFICIENT TO PAY THE APPLICABLE OPERATING
COSTS REQUIRED TO BE PAID THAT MONTH (OTHER THAN AS THE RESULT OF THE
NON-PAYMENT BY A PARTY OF AMOUNTS DUE PURSUANT TO SECTION 5.2 HEREOF), THE AGENT
SHALL PROMPTLY