REGULATORY JURISDICTION. If a party fails to invoke regulatory jurisdiction of a dispute involving matters subject to FERC or state regulatory jurisdiction within 60 days in accordance with Section 4.1 of this Exhibit, the party shall be deemed to have waived its right to invoke such jurisdiction; provided, however, that this waiver only applies to the party and does not affect any right that the FERC or state regulatory authority may have to act on its own. If such party nonetheless invokes FERC or applicable state regulatory jurisdiction following the arbitration proceedings provided for herein, that party shall be responsible for all attorneysfees incurred by other parties to the dispute and the Company, whether or not the FERC or state regulatory authority concludes that such party has waived its right to invoke FERC or state regulatory jurisdiction.
REGULATORY JURISDICTION. None of the Participants or Owner Trustee or Wilmington Trust Company will become, (i) solely by reason of entering into this Participation Agreement or the other Operative Documents or (except with respect to the exercise by any Person of any control over a Site upon the occurrence of a Lease Event of Default or the expiration or other termination of the Master Lease) the consummation of any of the transactions contemplated hereby or thereby, subject to regulation by any Governmental Authority which regulates or otherwise has jurisdiction over any facilities for the retail distribution of petroleum products; or (ii) except for regulation the applicability of which depends on the existence of facts in addition to the ownership of the Sites upon Participation Agreement 26 the exercise of remedies under the Master Lease or upon the expiration of the Master Lease, subject to ongoing regulation of its operations by any Governmental Authority.
REGULATORY JURISDICTION. Except as disclosed in Schedule 6.10, neither the ownership nor the operation of the Interests by the Seller is currently subject to certificate authority or rate regulation under the Natural Gas Act or the Natural Gas Policy Act as an interstate pipeline, natural gas company or marketing affiliate, nor is the ownership or operation of the Interests subject to rate regulation by any state jurisdictional agency.
REGULATORY JURISDICTION. If any regulatory body directly or indirectly asserts jurisdiction and significantly changes the rules and regulation applicable to the Transportation Agreement, which thereby makes performance hereunder commercially impracticable by either Party, then the party so affected shall have the right to terminate the Transportation Agreement upon thirty (30) days written notice to the other.
REGULATORY JURISDICTION. It is recognized by the parties that PGE is a public utility company subject to regulation and control by various state and federal governmental regulatory agencies. The provisions of this agreement shall be construed in aid of and not in derogation of the lawful control and regulatory power of any such agency.
REGULATORY JURISDICTION. This Agreement is subject to the orders, rules and regulations of appropriate regulatory authorities, including the STB and the PUC, having jurisdiction over the Operator and the Authority. In the event that either party determines that it is necessary to participate in an administrative or judicial proceeding or to take a position before any governmental body which may affect the interests of the other or the Rail Freight Service provided hereunder, each party shall provide the other party reasonable advance notice of its intent to do so and the nature of the interest or position it will assert. In such case, the parties shall use their best efforts to communicate and coordinate their participation and/or positions.