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AMENDMENT NO. 5 TO THE DECEMBER
10, 2004
MOA TO PROVIDE FOR THE
CONTINUED DIRECT PAYMENT OF
USEC ALLOWABLE COSTS
This Amendment
No. 5 to the December 10, 2004 Memorandum of Agreement
between the United States Department of Energy (“ DOE
”) and USEC Inc, a Delaware Corporation headquartered at 6903
Rockledge Drive, Bethesda, MD. 20817 is entered into this 30
th day of November, 2006 (the “ Amendment
No. 5 Effective Date ”). USEC, Inc. and its wholly
owned subsidiary, United States Enrichment Corporation, are herein
referred to as, “ USEC .” DOE and USEC are
sometimes referred to herein as “Parties.”
WHEREAS,
on December 10, 2004, the Parties entered into a Memorandum of
Agreement for the Continued Operation of the Portsmouth S&T
Facilities for the Processing of Affected Inventory in Fiscal Year
2005 and Thereafter (the “ MOA ”);
and
WHEREAS ,
on May 16, 2005, the Parties entered into Amendment No. 1
to the MOA; and
WHEREAS ,
on February 9, 2006, the Parties entered into Amendment
No. 2 to the MOA; and
WHEREAS ,
acting pursuant to Amendment No. 2 to the MOA, DOE transferred
200 MTU of Feed Material (“ Supplemental Barter
Material ”) to USEC; and
WHEREAS ,
acting pursuant to Amendment No. 2 to th
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