Common use of Future Proceedings Clause in Contracts

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.