Common use of Acknowledgements and Agreements Clause in Contracts

Acknowledgements and Agreements. The Parties acknowledge that SCL’s participation in the cold water release facility as provided in this Section, together with the other actions required under the Temperature Attainment Plan included as Exhibit 9 to the Boundary Project Settlement Agreement, will directly contribute towards meeting any obligations SCL may have under the forthcoming temperature TMDL (Water Quality Improvement Plan) for the Pend Oreille River. The Parties further acknowledge that Ecology has exclusive jurisdiction to implement the TMDL in the Boundary Reach of the Pend Oreille River (from the Box Canyon tailrace to the Canadian border), including preparation of any Water Quality Implementation Plan. The Parties, other than Ecology and the Tribe, agree that they will not request or advocate in any proceeding that Ecology, the Commission or another entity require of SCL any additional measures relating to temperature in the Boundary Reach, over and above SCL’s participation in the cold water release facility as provided in this section and the other requirements of the TAP (including without limitation Mill Pond Dam removal). Subject to Section 7.4.2.1 of the Boundary Project Settlement Agreement, the Tribe agrees that, after the TMDL is issued by Ecology and the Tribe or by Ecology, the Tribe will not request or advocate in any proceeding that Ecology, the Commission or another entity require of SCL any additional measures relating to temperature in the Boundary Reach, over and above those required in the TMDL. The Parties acknowledge that PUD’s participation in the cold water release facility as provided in this Section will directly contribute towards meeting any obligations PUD may have under the forthcoming temperature TMDL for the Pend Oreille River.

Acknowledgements and Agreements. The Parties acknowledge that SCL’s participation in the cold water release facility as provided in this Sectionsection, together with the other actions required under the Temperature Attainment Plan included as Exhibit 9 to the Boundary Project Settlement AgreementTAP, will directly contribute towards meeting any obligations SCL may have under the forthcoming temperature TMDL (Water Quality Improvement Plan) for the Pend Oreille River. The Parties further acknowledge that Ecology has exclusive jurisdiction to implement the TMDL in the Boundary Reach of the Pend Oreille River (from the Box Canyon tailrace to the Canadian border), including preparation of any Water Quality Implementation Plan. The Parties, other than Ecology and the Tribe, agree that they will not request or advocate in any proceeding that Ecology, the Commission or another entity require of SCL any additional measures relating to temperature in the Boundary Reach, over and above SCL’s participation in the cold water release facility as provided in this section and the other requirements of the TAP (including without limitation Mill Pond Dam removal). Subject to Section 7.4.2.1 of the Boundary Project Settlement Agreement7.4.2.1, the Tribe agrees that, after the TMDL is issued by Ecology and the Tribe or by Ecology, the Tribe will not request or advocate in any proceeding that Ecology, the Commission or another entity require of SCL any additional measures relating to temperature in the Boundary Reach, over and above those required in the TMDL. The Parties acknowledge that PUD’s participation in the cold water release facility as provided in this Section will directly contribute towards meeting any obligations PUD may have under the forthcoming temperature TMDL for the Pend Oreille River.