Dist. Xx. 0 xx Xxxxxxxxx, 000 X.X. 000 (2008) and further refined in NRG Power Marketing v. Maine Public Utilities Commission, 000 X.X. 000 (2010) ( the “Mobile-Sierra” doctrine). The Parties acknowledge that this agreement constitutes a contract rate, and all future proposed changes or challenges will be reviewed pursuant to the public interest application of the just and reasonable standard of review.
Dist. Xx. 0 xx Xxxxxxxxx, 000 X.X. 000 (2008) and NRG Power Marketing LLC v. Maine Public Utility Commission, 000 X.X. 000 (2010). Notwithstanding any provision of this Agreement, and absent the prior written agreement of the Parties, each Party, to the fullest extent permitted by Applicable Laws, for itself and its respective successors and assigns, hereby also expressly and irrevocably waives any rights it can or may have, now or in the future, whether under Sections 205, 206, or 306 of the Federal Power Act or otherwise, to seek to obtain from FERC by any means, directly or indirectly (through complaint, investigation, supporting a third party seeking to obtain or otherwise), and each hereby covenants and agrees not at any time to seek to so obtain, an order from FERC changing any section of this Agreement specifying any rate or other material economic terms and conditions agreed to by the Parties.
Dist. No. 1 of Snohomish, 000 X.X. 000, 128 S. Ct. 2733 (2008).
Dist. Xx. 0 xx Xxxxxxxxx, 000 X.X. 000 (2008).
Dist. No. 1 of Snohomish, 000 X.X. 000 (2008).
Dist. No. 1 of Snohomish, 000 X.X. 000, 128 S. Ct. 2733 (2008) ( the “Mobile-Sierra” doctrine). To the extent that the FERC adopts specific language that parties must incorporate into agreements in order to bind FERC, third parties and themselves to a public interest standard of review, the Parties hereby incorporate such language herein by reference.
Dist. Xx. 0 xx Xxxxxxxxx, 000 X.X. 000 (2008), and NRG Power Marketing LLC v. Maine Public Utility Commission, 000 X.X. 000 (2010).
Dist. Ct., March 3, 2000) alleging breach of contract, common law fraud, fraudulent misstatements and omissions in connection with the sale of securities, negligent misrepresentations and breach of fiduciary duty. These claims are in connection with (i) the mandatory conversion of the ThermoView 10% Series A Convertible Preferred Stock, held by the two funds, into ThermoView Common Stock upon completion of the ThermoView public offering in December 1999, and (ii) purchases by the two funds of ThermoView Common Stock from ThermoView stockholders. The funds are seeking (a) rescission of their purchases of the Series A Preferred Stock in the amount of $3,250,000 plus interest and (b) unspecified damages in connection with their purchases of the ThermoView Common Stock. Although ThermoView believes that the claims are without merit and intends to vigorously defend the suit, an adverse outcome in this action could have a material adverse effect on the financial position or results of operations of ThermoView.
Dist. Xx. 0 xx Xxxxxxxxx, 000 X.X. 000 (2008) and NRG Power Marketing, LLC v. Maine Pub. Util. Comm’n, 558 U.S. 165 (2010). Each Party agrees that if it seeks to amend any applicable power sales tariff during the Term, such amendment shall not in any way materially and adversely affect this Agreement without the prior written consent of the other Party. Each Party further agrees that it shall not assert, or defend itself, on the basis that any applicable tariff is inconsistent with this Agreement.