Montana Actions and Legislation Relating to Project. Neither Party will after the date of this Agreement initiate any new claim or defense in any court or tribunal that would interfere with the performance of this Agreement or that is intended to damage or impair the interests of the other Party in its capacity (in each case whether prior to or after the Closing) as an Owner or Project User. For clarity, the continued pursuit of Avista’s existing claims challenging the legality of Senate Bill 265 and Senate Bill 266, including any appeals of decisions on such claims, and the continued pursuit of the claims raised in Avista’s response dated April 20, 2021 to NorthWestern’s arbitration demand (but not any additional claims that would directly or indirectly result in the retirement of Colstrip Unit 3 or Colstrip Unit 4) do not violate the prohibition in the preceding sentence. Without limiting the foregoing, neither Party will advocate for or otherwise support, monetarily or otherwise, any legislation or proposed legislation in the State of Montana that would interfere with the performance of this Agreement or that is intended to damage or impair the interests of the other Party in its capacity (in each case whether prior to or after the Closing) as an Owner or Project User.
Montana Actions and Legislation Relating to Project. Neither Party will after the date of this Agreement initiate any new claim or defense in any court or tribunal that would interfere with the performance of this Agreement or that is intended to damage or impair the interests of the other Party in its capacity (in each case whether prior to or after the Closing) as an Owner or Project User. Without limiting the foregoing, neither Party will advocate for or otherwise support, monetarily or otherwise, any legislation or proposed legislation in the State of Montana that would interfere with the performance of this Agreement or that is intended to damage or impair the interests of the other Party in its capacity (in each case whether prior to or after the Closing) as an Owner or Project User. Upon the Parties’ execution of this Agreement, PSE shall request the Arbitration be stayed, and each Party shall forthwith, together and separately, undertake Commercially Reasonable Efforts and appropriate legal action to cause the stay of the Arbitration. Upon Closing, PSE shall withdraw its Arbitration Demand and Response in the Arbitration. Time is of the essence.
