Future Proceedings Sample Clauses

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.
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Future Proceedings. In light of the provisions of Sections 2.1 and 2.2 of this Agreement, and in case there is any resolution from a Governmental Authority after the date of execution hereof in connection with the Settlement Controversies, it shall be deemed that such resolution lacks of substance and is of no force or effect between the Parties.
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Future Proceedings. Contractor shall exclusively manage and control all future Regulatory Proceedings that involve the Transmission Facilities. To the extent Contractor files any documents in such Regulatory Proceedings that are not available to the public, Contractor shall promptly provide to Owner a copy of such documents on a confidential basis; provided that Contractor may (i) further condition such disclosure on Owner's compliance with additional restrictions designed to preserve the confidentiality of such documents and/or the integrity of such Regulatory Proceedings; and (ii) redact or otherwise withhold any portion of such documents that contains information that Contractor considers proprietary, company confidential, or otherwise inappropriate for disclosure to a Third Party but for such Regulatory Proceedings.
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Future Proceedings. Nothing in this Stipulation shall preclude, prevent or prejudice any Party hereto from raising any argument/issue or challenging any adjustment in any future rate case proceeding of EKPC. Exhibit A Summary of Revenue Adjustments Amount (Millions) Description $48.984 Original Revenue Requirement Calculated by EKPC ($6.592) Normalize Generation Maintenance over Five Most Recent Years (2015-2019) ($1.914) General Plant Reserve Surplus Amortized Over 5 Years ($2.315) Reduce Interest Expense on Environmental Construction Work in Progress Currently Being Recovered for the Xxxxxxxx CCR/XXX in the Environmental Surcharge Mechanism $38.343 Adjusted Revenue Requirement Calculation Agreed to by Parties Exhibit B Revised Tariff Sheets EAST KENTUCKY POWER COOPERATIVE, INC FOR ALL COUNTIES SERVED P.S.C. No. 35, Original First Revised Sheet No. 5 Canceling P.S.C. No. 34, Third Revised Sheet No. 7 35, Original Sheet No. 5
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Future Proceedings. In light of the provisions of the foregoing paragraphs, and in case there is any resolution from a Governmental Authority after the date hereof in connection with the Settlement Procedures, it shall be deemed that such resolution is not binding on the Parties; provided however that this Agreement is not intended to terminate or leave without substance the rights of the Parties acquired hereunder and is not intended to be a waiver of any rights of any of the Parties related to facts or events occurring after the date hereof.
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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 or intent of the ACO. Nothing in this ACO constitutes a waiver by SED of its legal obligations, authority, or discretion to investigate and enforce applicable safety requirements and standards (including, without limitation, provisions of GO 95 and GO 165) as to other conduct by PG&E unrelated to this ACO or the Xxxxx Fire that SED may identify as the basis for any alleged violation(s). SED shall retain such authority regardless of any factual or legal similarities that other PG&E conduct, and any alleged violation(s), may have to PG&E’s conduct/alleged violations related to the Xxxxx Fire. Accordingly, any such similarities shall not preclude SED from using other conduct and alleged violation(s) as a basis for seeking future disallowances. The Parties agree that PG&E shall retain the right to seek payments from the Wildfire Fund and cost recovery pursuant to Public Utilities Code section 451.1 with respect to costs and expenses incurred in connection with the Xxxxx Fire. The Parties agree and intend that nothing in this ACO shall affect whether PG&E may obtain recovery of costs and expenses incurred in connection with the Xxxxx Fire, including for amounts drawn from the Wildfire Fund or otherwise sought through a cost recovery application to the Commission. As set forth in Section III.D. below, in entering into this ACO, the Parties intend that neither the fact of this settlement nor any of its specific contents will be admissible as evidence of fault, imprudence, or liability in any other proceeding before the Commission, any other administrative body, any court, or any alternative dispute resolution proceeding, such as a mediation or arbitration. Nothing in this ACO constitutes a waiver by PG&E of its legal rights to defend the prudency of its conduct in connection with the Xxxxx Fire, including but not limited to with respect to the relevance and applicability of GO 95 and 165, in a future cost recovery proceeding before the Commission, a future enforcement matter, regardless of any factual or legal similarities to the alleged facts and violations resolved herein, and any other pending or future proceedings.
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Future Proceedings. Staff and the OCC have expressed concerns regarding certain terms and conditions of the Associated Agreements. The Settling Parties agree that the immediate proceeding does not require determination of those concerns and future proceedings will provide the equivalent opportunity for their review by the Commission. This Settlement Agreement does not waive any right of Staff and the OCC to take any future position with regard to actions taken and/or costs incurred pursuant to the Associated Agreements in future proceeding(s). Specifically, costs related to the Associated Agreements will be the subject of future cost recovery proceedings. Interested stakeholders, including but not limited to Staff and the OCC, may intervene in these cost recovery proceedings to provide analysis and argument regarding the prudency of the costs to be recovered. The burden shall lie with the Company to justify that any future cost recovery proposals are the public interest and cost recovery should be approved. The Company acknowledges that the three agreements, which collectively comprise the Associated Agreements, are only binding on the Company and Boulder, and any Company expenditures to satisfy the terms of any of the Associated Agreements are made with the risk that cost recovery may be later denied. The Company also acknowledges concerns have been raised and future challenges to expenditures may be forthcoming in the following areas:  $11,526,857 in Undergrounding Funds for Franchise Expiration Decade (2011-2020), a provision of the PSCo-Boulder Settlement Agreement;  Legal Fees and legal/regulatory expenses associated with the dismissal of a Boulder condemnation lawsuit, a provision of the PSCo-Boulder Settlement Agreement;  Legal and regulatory costs required to manage the PSCo-Boulder Load Interconnection Agreement; and  Generally, the potential for any cost incurred for projects connected to any of the three Associated Agreements which is not an ordinary course of business expense and/or was incurred unreasonably or imprudently. With regard to the four bullet point items discussed above, the burden shall lie with Public Service to justify that recovery of such costs is in the public interest and should be approved. No presumption of prudence is being sought or acquiesced to through this Settlement Agreement for such expenditures.
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Related to Future Proceedings

  • Corporate Proceedings All corporate proceedings and other legal matters necessary to carry out the provisions of this Agreement and the transactions contemplated hereby shall have been done to the reasonable satisfaction to counsel for the Underwriters.

  • Litigation and Proceedings There are no actions, suits, proceedings, or investigations pending or, to the knowledge of the Company after reasonable investigation, threatened by or against the Company or affecting the Company or its properties, at law or in equity, before any court or other governmental agency or instrumentality, domestic or foreign, or before any arbitrator of any kind. The Company does not have any knowledge of any material default on its part with respect to any judgment, order, injunction, decree, award, rule, or regulation of any court, arbitrator, or governmental agency or instrumentality or of any circumstances which, after reasonable investigation, would result in the discovery of such a default.

  • Court Proceedings Subject to the terms of this Agreement, First Majestic will cooperate with and assist Silvermex in seeking the Interim Order and the Final Order, including by providing Silvermex on a timely basis any information reasonably required to be supplied by First Majestic in connection therewith. Silvermex will provide legal counsel to First Majestic with reasonable opportunity to review and comment upon drafts of all material to be filed with the Court in connection with the Arrangement, and will give reasonable consideration to all such comments. Subject to applicable Law, Silvermex will not file any material with the Court in connection with the Arrangement or serve any such material, and will not agree to modify or amend materials so filed or served, except as contemplated by this Section 2.6 or with First Majestic’s prior written consent, such consent not to be unreasonably withheld, conditioned or delayed; provided, however, that nothing herein shall require First Majestic to agree or consent to any increase in consideration or other modification or amendment to such filed or served materials that expands or increases First Majestic’s obligations set forth in any such filed or served materials or under this Agreement or the Arrangement. Silvermex shall also provide to First Majestic’s legal counsel on a timely basis copies of any notice of appearance or other Court documents served on Silvermex in respect of the application for the Interim Order or the Final Order or any appeal therefrom and of any notice, whether written or oral, received by Silvermex indicating any intention to oppose the granting of the Interim Order or the Final Order or to appeal the Interim Order or the Final Order. Silvermex will ensure that all materials filed with the Court in connection with the Arrangement are consistent in all material respects with the terms of this Agreement and the Plan of Arrangement. In addition, Silvermex will not object to legal counsel to First Majestic making such submissions on the hearing of the motion for the Interim Order and the application for the Final Order as such counsel considers appropriate; provided, however, that Silvermex is advised of the nature of any submissions prior to the hearing and such submissions are consistent with this Agreement and the Plan of Arrangement. Silvermex will also oppose any proposal from any party that the Final Order contain any provision inconsistent with this Agreement, and, if at any time after the issuance of the Final Order and prior to the Effective Date, Silvermex is required by the terms of the Final Order or by Law to return to Court with respect to the Final Order, it shall do so after notice to, and in consultation and cooperation with, First Majestic.

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