Common use of FED Clause in Contracts

FED. Reg. 21,290 (May 9, 2018) (issued by Commission May 3, 2018). 15. If any Party desires to include, utilize or refer to any Privileged Materials or information derived therefrom in pleadings, testimony or exhibits to the Proceeding in such a manner that might require disclosure of such material to persons other than Reviewing Representatives, such Party shall first notify both counsel for the disclosing Party and the Commission of such desire, identifying with particularity each of the Privileged Materials. Thereafter, use of such Privileged Materials will be governed by procedures determined by the Commission. 16. Nothing in this Agreement shall be construed as precluding any Party fromobjecting to the use of Privileged Materials on any legal grounds. 17. Nothing in this Agreement shall preclude any Party from requesting the Commission or any other body having appropriate authority to find that this Agreement should not apply to all or any materials previously designated as Privileged Materials pursuant to this Agreement. The Commission may alter or amend this Agreement as circumstances warrant at any time during the course of the Proceeding. 18. The Parties may amend this Agreement only by mutual consent and in writing;provided, however, that a Party has the right to seek changes to this Agreement as appropriate from the Commission. 19. All Privileged Materials filed with the Commission or any other judicial or administrative body, in support of, or as a part of, a motion, other pleading, brief, or other document, shall be filed and served under privilege by appropriate means bearing prominent markings indicating that the contents include Privileged Materials subject to this Agreement. Such documents containing CEII shall be additionally marked "Contains Critical Energy/Electric Infrastructure Information—Do Not Release." 20. If the Commission finds at any time in the course of the Proceeding that all or part of the Privileged Materials need not be privileged, those materials shall, nevertheless, be subject to the protection afforded by this Agreement for three (3) business days from the date of issuance of the Commission’s decision, and if the Party seeking protection files an interlocutory appeal or requests that the issue be certified to the Commission, for an additional seven (7) business days. No Party waives its rights to seek additional administrative or judicial remedies after the Commission’s decision respecting Privileged Materials or Reviewing Representatives, or the Commission’s denial of any appeal thereof. The provisions of 18 C.F.R. §§ 388.112 and 388.113 shall apply to any requests for Privileged Materials in the files of the Commission under the Freedom of Information Act (5 U.S.C. § 552). 21. Nothing in this Agreement shall be deemed to preclude any Party from independently seeking through discovery in any other administrative or judicial proceeding information or materials produced in the Proceeding under this Agreement. 22. No Party waives the right to pursue any other legal or equitable remedies that may be available in the event of actual or anticipated disclosure of Privileged Materials. 23. The contents of Privileged Materials or any other form of information that copies or discloses Privileged Materials shall not be disclosed to anyone other than in accordance with this Agreement and shall be used only in connection with the Proceeding. Any violation of this Agreement and of any Non-Disclosure Certificate executed hereunder shall constitute a violation of an order of the Commission.