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272
United Nations — Treaty Series
1958

the Parties may agree, from time to time, as to the enrichment in the isotope U-235 of such uranium.

B. The Parties may, subject to the terms of this Agreement, from time to time, by means of exchange of letters, agree as to the date of transfer, quantities to be transferred and schedule of return of such material to the Lessor.

C. The Parties agree with regard to such fuel elements that the Lessor shall own all materials produced therein as a result of the use of such fuel elements, which materials shall be subject to the provisions of this Agreement.

Article II

A. The Lessor shall make available to the Contractor uranium hexafluoride in accordance with a schedule which may be agreed upon by the Lessor and the Contractor after consultation with the Lessee. Such transfers to the Contractor shall be made at a facility of the Lessor and shall be subject to such terms, charges and conditions, including licenses necessary to receive such material and to perform such work in the United States of America, as are required of the Contractor by the Lessor.

B. Except as provided in C below, the enrichment in the isotope U-235 of the uranium contained in each fuel element prepared by the Contractor shall, for the purposes of this Agreement, be the enrichment of the uranium which the Contractor received from the Lessor for the fabrication of the fuel element. The quantity of enriched uranium contained in each fuel element shall be as determined by the Contractor and concurred in by the Lessor after any review or analysis which the Lessor deems appropriate. The Lessee shall require the Contractor to identify each fuel element and to provide the Lessor with a certification of the Contractor's determination of the quantity of enriched uranium in each such fuel element and, unless the procedure set forth in C below is followed, the isotopic content thereof.

C. If the Lessee, after making appropriate arrangements with the Contractor, so requests, the enrichment in the isotope U-235 contained in each fuel element may be determined by one of the following organizations, unless otherwise agreed by the Lessor and the Lessee:

(1) Union Carbide Nuclear Company, which operates Oak Ridge National Laboratory at Oak Ridge, Tennessee, and the Atomic Energy Installation at Paducah, Kentucky.

(2) Goodyear Atomic Corporation, which operates the Atomic Energy Installation at Portsmouth, Ohio.

(3) General Electric Company, which operates the Atomic Energy Installation at Hanford, Washington.