“Facility IP” means all Intellectual Property (and associated deliverables, products, and other materials described in this definition) of Service Provider or its Affiliates, whether now existing or hereafter developed, in or covering the Facility (including all equipment, components, hardware, software and other deliverables) as delivered under the Services Agreement or under the EPC Agreement (including Intellectual Property, deliverables, products, and materials underlying, supporting, or used to create deliverables under the EPC Agreement or Services Agreement, regardless of whether the same have been or will be provided to Owners, but excluding products delivered by Service Provider’s fuels group to Owners under separate commercial agreements), required or reasonably necessary for Owners to design, construct, test, startup, license, complete, maintain, improve, and operate the Facility, to defend challenges on ITAACs or respond to other requests made by any Government Authority or pursuant to applicable Law, including # patents, trademarks (but excluding the Westinghouse name or any trademarks related to AP1000®), copyrights, trade secrets, inventions, know-how, proprietary information, confidential information, documentation, materials and data; # software required or reasonably necessary for Facility Purposes, including Service Provider (or its Affiliates)-owned and developed proprietary computer programs expressed in a source code language consisting of a full source language statement of programs and all related compiler command files, build scripts, complete maintenance documentation, application programming interfaces, graphical user interfaces, schematic diagrams and annotations which comprise the pre-coding detail design specifications, information management data bases (e.g., open item database, PCC outstanding issues list, DCP database, LAR database, ITAAC database), plans, designs, calculations and models (e.g., seismic models, structural models, stress analyses,

“Facility IP” means all Intellectual Property (and associated deliverables, products, and other materials described in this definition) of Service Provider or its Affiliates, whether now existing or hereafter developed, in or covering the Facility (including all equipment, components, hardware, software and other deliverables) as delivered under the Services Agreement or under the EPC Agreement (including Intellectual Property, deliverables, products, and materials underlying, supporting, or used to create deliverables under the EPC Agreement or Services Agreement, regardless of whether the same have been or will be provided to Owners, but excluding products delivered by Service Provider’s fuels group to Owners under separate commercial agreements), required or reasonably necessary for Owners to design, construct, test, startup, license, complete, maintain, improve, and operate the Facility, to defend challenges on ITAACs or respond to other requests made by any Government Authority or pursuant to applicable Law, including # patents, trademarks (but excluding the Westinghouse name or any trademarks related to AP1000®), copyrights, trade secrets, inventions, know-how, proprietary information, confidential information, documentation, materials and data; # software required or reasonably necessary for Facility Purposes, including Service Provider (or its Affiliates)-owned and developed proprietary computer programs expressed in a source code language consisting of a full source language statement of programs and all related compiler command files, build scripts, complete maintenance documentation, application programming interfaces, graphical user