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278
United Nations — Treaty Series
1958

(b) the value of the special nuclear material as determined from its quantity and enrichment, recoverable from such fuel elements delivered to the Lessor's reprocessing facility, or an acceptable reprocessing facility, as the case may be. The quantity and enrichment of the special nuclear material recoverable from returned fuel elements delivered to the Lessor shall be determined by the Lessor in the case of fuel elements delivered to the Lessor, or by the acceptable reprocessing facility, with concurrence of the Lessor in the case of fuel elements delivered thereto ; provided that, if the Lessee so requests, the quantity of the special nuclear material in the latter case recoverable from each irradiated fuel elements shall be determined through analysis by the Lessor or by such other means as may be agreed by the Lessor and the Lessee. The cost of such analysis shall be borne by the Lessee.

If the Lessor determines, on the basis of the operating records, that the cost of reprocessing exceeds the value of the special nuclear material recoverable from such fuel elements, and the Lessor and the Lessee agree not to reprocess such fuel elements, then no credit shall be allowed for such material in such fuel elements.

(3) Whenever the Parties determine that the Lessee is unable to return to the Lessor's reprocessing facility, or an acceptable facility, as the case may be, any fuel elements containing enriched uranium leased hereunder because of loss, theft, or total destruction thereof, the Lessee shall pay within thirty (30) days thereafter the value set forth in A (2) (a) of this Article.

(4) When a determination as provided in A (3) of this Article is made, the use charge with regard to the fuel elements involved in such a determination shall end. If the Lessor makes a determination as provided in the last sentence of A (2) (b) of this Article, the use charge shall end when the fuel elements involved in such a determination are delivered to the facility designated by the Lessor as provided in Article III.

(5) With regard to fuel elements returned to the Lessor for reprocessing and reprocessed by the Lessor, a reprocessing charge equal to the Lessor's charges for reprocessing such fuel elements.

B. For the purposes of this Article, the value of the enriched uranium contained in each fuel element transferred to the Lessee shall be determined in accordance with the schedule of values of uranium of various enrichments in the isotope U-235 established by the Lessor and in effect at the time each such fuel element is