Common use of General Applicability Clause in Contracts

General Applicability. 9.1.1 The Parties agree to use the following alternative dispute resolution process to resolve disputes related to this Settlement Agreement, unless otherwise specifically provided in this Settlement Agreement or precluded by statute or agency regulation. 9.1.2 Within 5 days of a Party initiating dispute resolution under this Section, if the dispute resolution proceedings are relevant to a FERC filing or currently pending FERC filing, the Party shall provide notice to FERC that dispute resolution has been initiated. Such notice will identify the portions of the FERC filing that are related to dispute but need not discuss the nature of the dispute or the Parties’ positions. 9.1.3 The Parties agree to devote such time and attention to dispute resolution as necessary and reasonable to attempt to resolve the dispute at the earliest time possible; and each Party will cooperate in good faith promptly to schedule, attend, and participate in dispute resolution. Each Party will promptly implement all final agreements reached, consistent with its applicable statutory and regulatory responsibilities. 9.1.4 The dispute resolution provisions of this Settlement shall not apply to Ecology insofar as Ecology is exercising its statutory authority to enforce the requirements of a 401 Certification, applicable water quality requirements, or other appropriate requirements of state law. However, Ecology, in its sole discretion, may choose, upon specific request, to participate in a dispute resolution process in such circumstances.

Appears in 3 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

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General Applicability. 9.1.1 The Parties agree to use the following alternative dispute resolution process to resolve disputes related to this Settlement AgreementAgreement and the Proposed License Articles, unless otherwise specifically provided in this Settlement Agreement or precluded by statute or agency regulation. 9.1.2 Within 5 five days of a Party initiating dispute resolution under this SectionSection 9, if the dispute resolution proceedings are relevant to a FERC filing or currently pending FERC filingproceeding, the Party shall provide notice Notice to FERC that dispute resolution has been initiated. Such notice Notice will identify the portions of the FERC filing that are related to the dispute but need not discuss the nature of the dispute or the Parties’ positions. 9.1.3 The Parties agree to devote such time and attention to dispute resolution as necessary and reasonable to attempt to resolve the dispute at the earliest time possible; and each Party will cooperate in good faith promptly to schedule, attend, and participate in dispute resolution. Each Party will promptly implement all final agreements reached, consistent with its applicable statutory and regulatory responsibilities. 9.1.4 The dispute resolution provisions of this Settlement shall not apply to Ecology insofar as Ecology is exercising its statutory authority to enforce the requirements of a CWA 401 Certification, applicable water quality requirements, or other appropriate requirements of state law. However, Ecology, in its sole discretion, may choose, choose upon specific request, request to participate in a dispute resolution process in such circumstances.

Appears in 1 contract

Samples: Settlement Agreement

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