The Equipment shall be maintained in good operating condition and repair (reasonable wear and tear excepted) and all necessary replacements of and repairs thereto shall be made so that the value of the Equipment shall be reasonably maintained and preserved. No Loan Party shall use or operate the Equipment in violation of any Applicable Laws unless such violation could not reasonably be expected to have a Material Adverse Effect.

Personal Electronic Equipment. Employee acknowledges that, in the performance of services for the Company, Employee may use electronic equipment such as a laptop computer, cell phone, or other electronic device that is owned by Employee (collectively, “Personal Electronic Equipment”). Employee acknowledges that all Company information that may become contained on the Personal Electronic

Leaseback of Equipment. For the Term of this Agreement, Purchaser hereby leases back all Operating Equipment sold to Purchaser under the Purchase Agreement to Manager for the sum of ten dollars ($10.00) in accordance with the terms and conditions below.

Third-Party Equipment. For any Facility equipment furnished through Service Provider, Service Provider shall # designate Owners as an express third-party beneficiary of such warranties, # provide copies of all warranties and applicable contracts to Owners, and # ensure that all available warranties are assigned to and operate for the benefit of Owners.

Service-Provider Equipment. For any Facility equipment manufactured by Service Provider or its Affiliates and delivered after the Effective Date, Service Provider agrees to provide a commercially reasonable equipment warranty as is customary in the nuclear industry, subject to prior agreement by Owners to the terms of such warranty, which will be set forth in the procurement documents applicable to such equipment. This warranty shall be subject to the limitations of liability in [Sections 17.1(a) and 17.2].

Equipment Warranty Cap. Service Provider’s cumulative aggregate liability under all warranties applicable to Service Provider-manufactured equipment in Section 10.5(b) shall be five million dollars ($5,000,000).

Mechanical plant designed accommodate the following heat loads; 2.5 watts/rsf convenience power load, 1 watt/rsf for lighting load, and 100 rsf/person occupancy load. Design set points are 74°F for cooling and 70°F for heating plus or minus 2°F.

Roof slab under the Roof Top Area will be redesigned for a live load of 100 PSF and dead load of 50 PSF . ]

Based on the ratio of the Client Company's load to the system peak load at time of system peak load, provided that the Client Company is a party to the [[Entergy Services:Organization]] System Agreement. Calculation is performed using a twelve month rolling average of those coincident peak loads.

In any plan year in which this plan is top-heavy (as defined in [Section 5.4(d)(2)]), the top-heavy minimum benefit requirement with respect to a participant shall first be met by any allocation to the qualified nonelective contribution account for the plan year. Then, the contributions and forfeitures allocable to the profit sharing account shall be adjusted as necessary for compliance. The total of the contributions and forfeitures allocated to such account(s) of each participant shall not be less than an amount equal to 3% of his compensation or the largest percentage of elective deferral contribution, employer contribution, and forfeiture allocated on behalf of any key employee for that year, whichever is less.