Reopener and Potential Additional Operational Mitigation Sample Clauses

Reopener and Potential Additional Operational Mitigation. Notwithstanding this Agreement’s permanent resolution of Idaho’s interests in wildlife- related mitigation and mitigation funding for the construction and inundation impacts of Albeni Falls Dam, 30 years after the Effective Date the parties will reopen the portions of this Agreement that address operational impacts only. For the purposes of this Agreement, “reopen” means that the parties will meet in-person to conduct a good- faith assessment of whether circumstances at that time warrant additional operational mitigation, considering at a minimum:  changes to Albeni Falls Dam operations and resulting operational impacts, if any;  the totality of fish and wildlife protection, mitigation, and enhancement work accomplished with Bonneville funding in the Pend Oreille basin;  the long-term resiliency of the restoration work funded through this Agreement and the 2012 letter agreement;  the larger regional context of the Federal Energy Regulatory Commission’s relicensing of operations at Cabinet Gorge and Noxon dams; and  other unanticipated circumstances affecting operational impacts. At the conclusion of the reopener, the parties will expeditiously amend or restate this Agreement as needed to address funding and implementation of additional operational mitigation.
Sample 1
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