This indemnity agreement No. E-______ is entered into by and between the ________ (hereinafter referred to as the licensee) and the United States Nuclear Regulatory Commission (hereinafter referred to as the Commission) pursuant to subsection 170(k) of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act).
As used in this agreement,
As used herein, conduct of the claimant includes conduct of persons through whom the claimant derives his cause of action;
The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action. The waivers shall be judicially enforceable in accordance with their terms by the claimant against the person indemnified.
The parties agree that they will enter into appropriate amendments of this agreement to the extent that such amendments are required pursuant to the Atomic Energy Act of 1954, as amended, or licenses, regulations or orders of the Commission.
The licensee agrees to pay to the Commission such fees as are established by the Commission pursuant to regulations or orders of the Commission.
The term of this agreement shall commence as of the date and time specified in Item 4 of the Attachment and shall terminate at the time of expiration of that license specified in Item 2 of the Attachment, which is the last to expire; provided that, except as may otherwise be provided in applicable regulations or orders of the Commission, the term of this agreement shall not terminate until all the radioactive material has been removed from the location and transportation of the radioactive material from the location has ended as defined in subparagraph 4(b), Article I. Termination of the term of this agreement shall not affect any obligation of the licensee or any obligation of the Commission under this agreement with respect to any nuclear incident occurring during the term of this agreement.
United States Nuclear Regulatory Commission
Indemnity Agreement No. E-____ _______________________________
attachment
Address __________________________ _______________________________
For the United States Nuclear Regulatory Commission.
By ____________________________
For the ____________________________
By ____________________________
(Name of licensee)
Dated at Bethesda, MD, the ____________ day of ________________, 19____.
10 C.F.R. §140.95
For FEDERAL REGISTER citations affecting § 140.95 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.