Ferc and Federal Power Act Releases. Subject to Section 6.7 below, the Parties shall, as of the Settlement Effective Date, forever release, acquit and discharge each other Party, and their respective present and former agents, attorneys, accountants, employees, representatives, officers, managers, directors, Affiliates, subsidiaries, Guarantors, successors and assigns, from all existing and future claims before the FERC and/or under the FPA, and any amendments to the FPA pursuant to the Energy Policy Act of 2005, for the Settlement Period, if and to the extent applicable, relating to the APX Related Claims that the Parties:
6.5.1. Charged, collected or were paid unjust, unreasonable or otherwise unlawful rates, terms or conditions for energy, ancillary services, transmission or congestion in the Western electricity markets;
6.5.2. Manipulated the Western electricity markets in any fashion (including, but not limited to, claims of economic or physical withholding, gaming, fraud or misrepresentation or alleged forms of market manipulation discussed in the Initial Staff Report or Final Staff Report, or any other forms of wrongful conduct, electricity market manipulation, violation of any applicable tariff, regulation, law, rule or order relating to the Western electricity markets; or
6.5.3. Entered into the APX Transactions when the Western electricity markets were non-competitive.
Ferc and Federal Power Act Releases. 7.2.1 Subject to Section 7.4 below, the California Parties, on the one hand, and Settling Supplier, on the other hand, shall, as of the Settlement Effective Date, be deemed to have released the other from all existing and future claims for monetary and/or other relief before FERC and/or under the Federal Power Act that concern, pertain to, or arise from allegations that:
(i) Settling Supplier or any California Party charged or collected unjust, unreasonable, or otherwise unlawful rates, terms or conditions for electric capacity, energy, ancillary services, or transmission congestion in the Western Energy Markets during the Settlement Period;
(ii) Settling Supplier or any California Party manipulated the Western Energy Markets in any fashion (including, but not limited to, claims of economic or physical withholding, gaming, forms of electricity market manipulation discussed in the Final Report issued by FERC staff on March 26, 2003 in Xxxxxx Xx. XX00-0 (“Final Staff Report”), or any other forms of electricity market manipulation), or otherwise violated any applicable tariff, regulation, law, rule, or order relating to the Western Energy Markets during the Settlement Period; or
(iii) any California Party is liable for payments to Settling Supplier for congestion charges, transmission line losses, energy, or ancillary services during the Settlement Period.
7.2.2 Settling Supplier agrees to forgo any claim for refunds resulting from any mitigation of sales by CERS in the California Markets during the Settlement Period, as well as any interest, credits or other payments associated with such sales. Effective as of the Settlement Effective Date, Settling Supplier hereby assigns, sells, transfers, conveys, and delivers to CERS all of its right, title, and interest in and to any such refunds, interest, credits, and other payments that are either directly or indirectly through others allocated to Settling Supplier, and represents and warrants to CERS that such assignment is and shall be free and clear of all liens, claims, and encumbrances.
Ferc and Federal Power Act Releases
