Future Proceedings Sample Clauses

Future Proceedings. The Parties agree to avoid and abstain from making any collateral attacks on this ACO or taking positions in other venues that would undermine the effect of the ACO. SED shall not participate as a party in any future cost recovery proceeding about SCE’s conduct related to the 2017/2018 Southern California Fires, nor shall it oppose any request by SCE to recover costs related to the 2017/2018 Southern California Fires in any future cost recovery proceeding. Nothing in this ACO constitutes a waiver by SED of its legal obligation, authority, or discretion to investigate and enforce applicable safety requirements and standards (including, without limitation, provisions of General Order (GO) 95 and GO 165) as to any future conduct by SCE that SED may identify as the basis for any alleged violation(s). SED shall retain such authority regardless of any factual or legal similarities to the alleged facts and violations related to the 2017/2018 Southern California Fires. Nothing in this ACO constitutes a waiver by SCE of its legal rights to defend the prudency of its conduct in connection with the 2017/2018 Southern California Fires, including with respect to the relevance and applicability of GO 95 and 165, in a future cost recovery proceeding before the Commission, or in a future enforcement matter regardless of any factual or legal similarities to the alleged facts and violations resolved herein.
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Future Proceedings. In light of the provisions of Sections 2.1 and 2.2 of this Agreement, and in case there is any resolution from a Governmental Authority after the date of execution hereof in connection with the Settlement Controversies, it shall be deemed that such resolution lacks of substance and is of no force or effect between the Parties.
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Future Proceedings. Contractor shall exclusively manage and control all future Regulatory Proceedings that involve the Transmission Facilities. To the extent Contractor files any documents in such Regulatory Proceedings that are not available to the public, Contractor shall promptly provide to Owner a copy of such documents on a confidential basis; provided that Contractor may (i) further condition such disclosure on Owner's compliance with additional restrictions designed to preserve the confidentiality of such documents and/or the integrity of such Regulatory Proceedings; and (ii) redact or otherwise withhold any portion of such documents that contains information that Contractor considers proprietary, company confidential, or otherwise inappropriate for disclosure to a Third Party but for such Regulatory Proceedings.
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Future Proceedings. The Parties agree to avoid and abstain from making any collateral attacks on this ACO or taking positions in other venues that would undermine the effect or intent of the ACO. Nothing in this ACO constitutes a waiver by SED of its legal obligations, authority, or discretion to investigate and enforce applicable safety requirements and standards (including, without limitation, provisions of GO 95 and GO 165) as to other conduct by PG&E unrelated to this ACO or the Xxxxx Fire that SED may identify as the basis for any alleged violation(s). SED shall retain such authority regardless of any factual or legal similarities that other PG&E conduct, and any alleged violation(s), may have to PG&E’s conduct/alleged violations related to the Xxxxx Fire. Accordingly, any such similarities shall not preclude SED from using other conduct and alleged violation(s) as a basis for seeking future disallowances. The Parties agree that PG&E shall retain the right to seek payments from the Wildfire Fund and cost recovery pursuant to Public Utilities Code section 451.1 with respect to costs and expenses incurred in connection with the Xxxxx Fire. The Parties agree and intend that nothing in this ACO shall affect whether PG&E may obtain recovery of costs and expenses incurred in connection with the Xxxxx Fire, including for amounts drawn from the Wildfire Fund or otherwise sought through a cost recovery application to the Commission. As set forth in Section III.D. below, in entering into this ACO, the Parties intend that neither the fact of this settlement nor any of its specific contents will be admissible as evidence of fault, imprudence, or liability in any other proceeding before the Commission, any other administrative body, any court, or any alternative dispute resolution proceeding, such as a mediation or arbitration. Nothing in this ACO constitutes a waiver by PG&E of its legal rights to defend the prudency of its conduct in connection with the Xxxxx Fire, including but not limited to with respect to the relevance and applicability of GO 95 and 165, in a future cost recovery proceeding before the Commission, a future enforcement matter, regardless of any factual or legal similarities to the alleged facts and violations resolved herein, and any other pending or future proceedings.
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Future Proceedings. Staff and the OCC have expressed concerns regarding certain terms and conditions of the Associated Agreements. The Settling Parties agree that the immediate proceeding does not require determination of those concerns and future proceedings will provide the equivalent opportunity for their review by the Commission. This Settlement Agreement does not waive any right of Staff and the OCC to take any future position with regard to actions taken and/or costs incurred pursuant to the Associated Agreements in future proceeding(s). Specifically, costs related to the Associated Agreements will be the subject of future cost recovery proceedings. Interested stakeholders, including but not limited to Staff and the OCC, may intervene in these cost recovery proceedings to provide analysis and argument regarding the prudency of the costs to be recovered. The burden shall lie with the Company to justify that any future cost recovery proposals are the public interest and cost recovery should be approved. The Company acknowledges that the three agreements, which collectively comprise the Associated Agreements, are only binding on the Company and Boulder, and any Company expenditures to satisfy the terms of any of the Associated Agreements are made with the risk that cost recovery may be later denied. The Company also acknowledges concerns have been raised and future challenges to expenditures may be forthcoming in the following areas:  $11,526,857 in Undergrounding Funds for Franchise Expiration Decade (2011-2020), a provision of the PSCo-Boulder Settlement Agreement;  Legal Fees and legal/regulatory expenses associated with the dismissal of a Boulder condemnation lawsuit, a provision of the PSCo-Boulder Settlement Agreement;  Legal and regulatory costs required to manage the PSCo-Boulder Load Interconnection Agreement; and  Generally, the potential for any cost incurred for projects connected to any of the three Associated Agreements which is not an ordinary course of business expense and/or was incurred unreasonably or imprudently. With regard to the four bullet point items discussed above, the burden shall lie with Public Service to justify that recovery of such costs is in the public interest and should be approved. No presumption of prudence is being sought or acquiesced to through this Settlement Agreement for such expenditures.
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Future Proceedings. In light of the provisions of the foregoing paragraphs, and in case there is any resolution from a Governmental Authority after the date hereof in connection with the Settlement Procedures, it shall be deemed that such resolution is not binding on the Parties; provided however that this Agreement is not intended to terminate or leave without substance the rights of the Parties acquired hereunder and is not intended to be a waiver of any rights of any of the Parties related to facts or events occurring after the date hereof.
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Future Proceedings. Nothing in this Stipulation shall preclude, prevent or prejudice any Party hereto from raising any argument/issue or challenging any adjustment in any future rate case proceeding of EKPC. Exhibit A Summary of Revenue Adjustments Amount (Millions) Description $48.984 Original Revenue Requirement Calculated by EKPC ($6.592) Normalize Generation Maintenance over Five Most Recent Years (2015-2019) ($1.914) General Plant Reserve Surplus Amortized Over 5 Years ($2.315) Reduce Interest Expense on Environmental Construction Work in Progress Currently Being Recovered for the Xxxxxxxx CCR/XXX in the Environmental Surcharge Mechanism $38.343 Adjusted Revenue Requirement Calculation Agreed to by Parties Exhibit B Revised Tariff Sheets EAST KENTUCKY POWER COOPERATIVE, INC FOR ALL COUNTIES SERVED P.S.C. No. 35, Original First Revised Sheet No. 5 Canceling P.S.C. No. 34, Third Revised Sheet No. 7 35, Original Sheet No. 5
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Related to Future Proceedings

  • Litigation; Proceedings Except as specifically disclosed in the Disclosure Materials, there is no action, suit, notice of violation, proceeding or investigation pending or, to the best knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries or any of their respective properties before or by any court, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) which (i) adversely affects or challenges the legality, validity or enforceability of any Transaction Document or the Securities or (ii) could, individually or in the aggregate, have or result in a Material Adverse Effect.

  • Administrative Proceedings With a view to administering in a consistent, impartial, and reasonable manner all measures of general application affecting matters covered by this Agreement, each Party shall ensure that in its administrative proceedings applying measures referred to in Article 73 to particular persons or goods of the other Party in specific cases that:

  • Corporate Proceedings All corporate proceedings and other legal matters necessary to carry out the provisions of this Agreement and the transactions contemplated hereby shall have been done to the reasonable satisfaction to counsel for the Underwriters.

  • Other Proceedings If and whenever an Event of Default shall have occurred and be continuing, the Trustee, at the direction of the Control Party (subject to Section 11.4(e), at the direction of the Controlling Class Representative) shall take one or more of the following actions:

  • Criminal Proceedings Any criminal complaint, indictment or criminal proceedings;

  • Litigation and Proceedings There are no actions, suits, -------------------------- proceedings or investigations pending or, to the knowledge of the Company after reasonable investigation, threatened by or against the Company or affecting the Company or its properties, at law or in equity, before any court or other governmental agency or instrumentality, domestic or foreign, or before any arbitrator of any kind. The Company has no knowledge of any default on its part with respect to any judgment, order, writ, injunction, decree, award, rule or regulation of any court, arbitrator, or governmental agency or instrumentality, or any circumstance which after reasonable investigation would result in the discovery of such default.

  • Judicial Proceedings (a) The Teekay Parties irrevocably (i) agree that any legal suit, action or proceeding against the Teekay Parties arising out of or based upon this Agreement, the transactions contemplated hereby or alleged violations of the securities laws of the United States or any state in the United States may be instituted in any New York court, (ii) waive, to the fullest extent it may effectively do so, any objection which it may now or hereafter have to the laying of venue of any such proceeding in any New York court and (iii) submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Each of the Teekay Parties has appointed Xxxxxx, Xxxxxx & Xxxxxxxx, New York, New York, as its authorized agent (the “Authorized Agent”), upon whom process may be served in any such action arising out of or based on this Agreement, the transactions contemplated hereby or any alleged violation of the securities laws of the United States or any state in the United States which may be instituted in any New York court, expressly consents to the jurisdiction of any such court in respect of any such action, and waives any other requirements of or objections to personal jurisdiction with respect thereto. Such appointment shall be irrevocable. The Teekay Parties represent and warrant that the Authorized Agent has agreed to act as such agent for service of process and agrees to take any and all action, including the filing of any and all documents and instruments, that may be necessary to continue such appointment in full force and effect as aforesaid. Service of process upon the Authorized Agent and written notice of such service to the Teekay Parties shall be deemed, in every respect, effective service of process upon the Teekay Parties.

  • Court Proceedings KML will provide Pembina and its legal counsel with reasonable opportunity to review and comment upon drafts of all material to be filed with the Court in connection with the Arrangement, including by providing on a timely basis a description of any information required to be supplied by Pembina for inclusion in such material, prior to the service and filing of that material, and will accept the reasonable comments of Pembina and its legal counsel with respect to any such information required to be supplied by Pembina and included in such material and any other matters contained therein. KML will ensure that all material filed with the Court in connection with the Arrangement is consistent in all material respects with the terms of this Agreement and the Plan of Arrangement. In addition, KML will not object to legal counsel to Pembina making submissions on the application for the Interim Order and the application for the Final Order as such counsel considers appropriate, provided such submissions are consistent with this Agreement and the Plan of Arrangement. KML will also provide legal counsel to Pembina on a timely basis with copies of any notice and evidence served on KML or its legal counsel in respect of the application for the Interim Order or Final Order or any appeal therefrom. Subject to applicable Laws, KML will not file any material with, or make any submissions to, the Court in connection with the Arrangement or serve any such material, and will not agree to modify or amend materials so filed or served, except as contemplated hereby or with Pembina’s prior written consent, such consent not to be unreasonably withheld or delayed; provided that nothing herein shall require Pembina to agree or consent to any increased purchase price or other consideration or other modification or amendment to such filed or served materials that expands or increases Pembina’s obligations set forth in any such filed or served materials or under this Agreement. KML shall oppose any proposal from any Person that would result in the Interim Order or Final Order containing any provision that is inconsistent with this Agreement. Subject to the terms of this Agreement, Pembina shall use commercially reasonable efforts cooperate with and assist KML in seeking the Interim Order and the Final Order, including by providing to KML, on a timely basis, any information reasonably required to be supplied by Pembina in connection therewith.

  • Actions and Proceedings Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

  • Actions; Proceedings There are no actions, suits or proceedings pending or, to the knowledge of the Assignor, threatened, before or by any court, administrative agency, arbitrator or governmental body (A) with respect to any of the transactions contemplated by this Assignment Agreement or (B) with respect to any other matter that in the judgment of the Assignor will be determined adversely to the Assignor and will, if determined adversely to the Assignor, materially adversely affect its ability to perform its obligations under this Assignment Agreement.

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