No Precedent. No decision, interpretation, determination, analysis, statement, award or other pronouncement of a Review Board shall constitute precedent in regard to any subsequent proceeding (whether or not such proceeding involves dispute resolution under this Agreement), nor shall any Review Board be bound to follow any decision, interpretation, determination, analysis, statement, award or other pronouncement rendered by any previous Review Board or any other previous dispute resolution panel that may have convened in connection with a transaction involving other failed financial institutions or Federal assistance transactions.
No Precedent. It is a condition of this Agreement that the parties will not seek to use the terms contained herein as a precedent for other enterprise agreements, whether they involve the School or not.
No Precedent. This Settlement Agreement involves unique facts and legal issues and shall not be used as a precedent decision of the State Water Board.
No Precedent. The terms of this Agreement will not establish any precedent, nor will this Agreement be used as a basis to seek or justify similar terms in any subsequent situation involving persons other than Employee. This Agreement may not be offered, used, or admitted into evidence in any proceeding or litigation, whether civil, criminal, arbitral or otherwise for such purpose.
No Precedent. All parties agree that the contents of this Agreement will not be used as a precedent to base or progress any claims upon any other organisation whatsoever.
No Precedent. Except for the Authorization provided in Section II of this Demand Management Storage Agreement, the Parties represent and agree that nothing in this Demand Management Storage Agreement establishes or acts as precedent for any future agreement or undertaking. In particular, this Demand Management Storage Agreement shall not be interpreted or construed as establishing a precedent for employing the operational tools contemplated in this Demand Management Storage Agreement. The Parties hereby affirm the entitlement and right of each State under existing law to use and develop the water of the Colorado River System. Notwithstanding anything in this Demand Management Storage Agreement to the contrary, this provision shall survive termination of this Demand Management Storage Agreement.
No Precedent. The Parties represent and agree that nothing in this Drought Response Operations Agreement, nor the execution of this Drought Response Operations Agreement, established or acts as any precedent for managing or operating the CRSPA Initial Units or administering water from the Colorado River System in the Upper Colorado River Basin. This Drought Response Operations Agreement also shall not be interpreted or construed as establishing a precedent for employing the plans or operational tools contemplated by this Drought Response Operations Agreement. The Parties hereby affirm the entitlement and right of each State under such existing law to use and develop the water of the Colorado River System. Notwithstanding anything in this Drought Response Operations Agreement to the contrary, this provision shall survive termination of this Demand Management Storage Agreement
No Precedent. It is a condition of this agreement that the parties will not seek to use the terms contained herein as a precedent for other enterprise agreements, whether they involve the Association or not.
No Precedent. This Settlement Agreement is submitted pursuant to Rule 602 of the Commission’s Rules of Practice and Procedure, 18 C.F.R. § 385.602 (2021), and is inadmissible as evidence in any proceeding except a proceeding involving a claim of breach of, or an effort to enforce, this Settlement Agreement. No element of this Settlement Agreement constitutes precedent or should be deemed “settled practice” as that term was interpreted in Public Service Commission of New York v. FERC, 642 F.2d 1335 (D.C. Cir. 1980). It is further understood and agreed that this Settlement Agreement constitutes a negotiated agreement with multiple elements of consideration and, except as explicitly set forth herein, no Party shall be deemed to have approved, accepted, agreed, or consented to any principle or position in this proceeding.
No Precedent. The Parties recognize that this Agreement is the result of negotiations between the Parties and that this Agreement, and the South Dakota Public Utilities Commission’s (“Commission”) approval of this Agreement, does not represent any binding or legal precedent on any party in any other matter.
