Disputing Inconsistencies Clause Samples
Disputing Inconsistencies. The disputing Party or Parties may petition FERC for rehearing, file an appeal with the USFS pursuant to 36 C.F.R. § 251.80, request a stay or extension, or seek judicial review of any FERC or USFS condition or omission of any Proposed License Surrender Condition or Proposed SUA Condition, that results in a Material Modification of the Settlement Agreement. The Parties shall follow the dispute resolution process set forth in Section 9 of this Settlement Agreement while any such rehearing, appeal or request for stay or extension is pursued. Any disputing Party or Parties may ask FERC, USFS or the court to defer action on the merits of any rehearing request or appeal while dispute resolution is pursued. If all Parties subsequently agree to modify this Settlement Agreement to conform to the inconsistent action, the disputing Party or Parties shall withdraw or dismiss any administrative or judicial action, or recommend such withdrawal or dismissal, as appropriate.
Disputing Inconsistencies. The disputing Party or Parties may petition FERC for rehearing or seek judicial review of any New License article, or omission of any Proposed License Article, that results in a Material Modification of the Settlement Agreement. The Parties shall follow the dispute resolution process set forth in Section 9 of this Settlement Agreement while any such rehearing, appeal or request for stay or extension is pursued. Any disputing Party or Parties may ask FERC or the court to defer action on the merits of any rehearing request or appeal while dispute resolution is pursued. If all Parties subsequently agree to modify this Settlement Agreement to conform to the inconsistent action, the disputing Party or Parties shall withdraw or dismiss any administrative or judicial action, or recommend such withdrawal or dismissal, as appropriate.
Disputing Inconsistencies. The Disputing Party may, in addition, if they have intervened i n the FERC relicensing proceeding, petition FERC for rehearing or seek judicial review of any New Project License article, or omission of any PM&E measure stated in Appendix A, that is Inconsistent with this Settlement Agreement. If any Party or non-party seeks rehearing or judicial review, the Licensee may seek a stay or an extension of time of the New Project License or other order. The Parties shall follow the dispute resolution process while any such rehearing, appeal or request for stay or extension is pursued. Any Disputing Party may ask FERC or the court to defer action on the merits of any rehearing request or appeal while dispute resolution is pursued. If a Party has filed for administrative rehearing or judicial review and the Parties subsequently agree to modify this Settlement Agreement to conform to the inconsistent action, the filing Party or Parties shall withdraw the appeal or recommend such withdrawal as appropriate.