Common use of Settlement Agreement Commitments and Implementation Clause in Contracts

Settlement Agreement Commitments and Implementation. 7.1 Filings and Submittals Consistent with Settlement Agreement 7.1.1 Except as provided in Section 7.4.2.1, each Party intends that, throughout the term of this Settlement Agreement, none of that Party’s filings or other submittals regarding the ▇▇▇▇▇▇▇▇ Creek Project with FERC, USFS or another regulatory agency will propose Material Modifications or will otherwise be inconsistent with this Settlement Agreement, unless necessary based on material new information, or changed circumstances, or if required to fulfill new statutory, regulatory, or court-ordered responsibilities that become effective after the execution of this Agreement. Any Party who believes another Party has breached this provision must give the breaching Party Notice and a 30-day opportunity to cure the breach prior to initiating dispute resolution under Section 9 of this Settlement Agreement. 7.1.2 If a Party files a pleading or other document before FERC, USFS or another regulatory agency advocating a Material Modification or a measure otherwise inconsistent with this Settlement Agreement, any other Party may defend by: (a) stating its opposition; (b) requesting that FERC or other regulatory agency disapprove the proposal; and (c) explaining what other reasonable provisions should be included in and/or excluded from the License Surrender Order or SUA if the proposal is approved. Since the Parties recognize that a dispute that results in any of the defenses described in this section may threaten the viability of this Settlement, the Parties affirm their commitment to make best efforts to resolve any such dispute in a timely manner to avoid such results. 7.2 Support Adoption of License Surrender and SUA Conditions In the FERC proceeding and all related proceedings in which they participate, all Parties shall support, as appropriate, incorporation of the Proposed License Surrender Conditions in the License Surrender Order issued by FERC. In the USFS proceeding and all related proceedings in which they participate, all Parties shall support issuance of a SUA for a term of 30 years from the SUA Effective Date and incorporation of the Proposed SUA Conditions in the SUA, provided that the Parties acknowledge that USFS is not making a pre-decisional determination of the outcome of the SUA proceeding. The Parties shall work together to promptly provide any necessary information to FERC and USFS, including but not limited to, any information needed to fulfill their obligations under the ESA or NEPA for the surrender of the Project License and/or issuance of the SUA, until such time as the conditions of the License Surrender Order have been satisfied and the surrender of the Project License is effective and the SUA is issued. Recommendations under the FPA, FLPMA or other applicable law shall not contain or recommend a Material Modification. Any comments or responses to comments filed in the context of the Project License surrender or SUA process shall not request a Material Modification.