No Precedential Effect. By entering into this Agreement, it is not the intention of the Company to establish any policy, procedure, course of dealing or plan of general application irrespective of any similarity in facts or circumstances involving such other employee, on the one hand, and Employee, on the other hand.
No Precedential Effect. Each of the parties hereto acknowledges and agrees that certain negotiated provisions of this Agreement were agreed as an accommodation to the parties and may be unique to the facts and circumstances surrounding this particular relationship. In furtherance of that goal the parties acknowledge that in negotiating future agreements as between two or more of the named parties herein this Agreement should be of no precedential effect.
No Precedential Effect. Except as expressly provided for in this Agreement, and for the reasons described in Section 2.1.2, among others, this Agreement and, in particular the rates established in accordance herewith, shall not constitute a precedent in any future proceedings, except to enforce the terms of this Agreement. This Agreement shall not be used as evidence that a particular method is a “long-standing practice” as that term is used in Columbia Gas Transmission used in Public Service Comm. of New York v. FERC, 642 F.2d 1335 (D.C. Cir. 1980).
No Precedential Effect. This Agreement, its Term, and the methodology it employs, shall not have any precedential effect on tariff ratemaking for any other pipeline or for any other matter not settled by this Agreement. This Agreement shall not constitute an admission by the Parties concerning any question of fact or law, and this Agreement does not represent in any way the position of any Party regarding pipeline regulation in general. Notwithstanding anything herein to the contrary, all year-end account balances established by, or resulting from the application of, the terms of this Agreement, including without limitation, Rate Base, and accrued Depreciation (trued up to actual as of the end of any applicable calendar year), shall be used by the TAPS Carriers following the termination of this Agreement in determining future rates.
No Precedential Effect. The Parties expressly understand and agree that this Agreement constitutes a negotiated settlement for the sole purpose of resolving the matters agreed to herein. No Party shall be prejudiced or bound by this Agreement in any proceeding except as specifically provided herein, nor shall any Party be deemed to have conceded, approved, accepted, agreed to or consented to any concept, theory, or principle underlying or supposed to underlie any position taken by any other Party in the proceedings resolved by this Agreement. This Agreement shall not constitute an admission of liability or an admission against interest by any Party, and shall not be cited or relied on as precedent by one Party to the detriment of the other in any proceedings other than those referenced herein, except to the extent necessary to enforce the provisions of this Agreement.
No Precedential Effect. The Parties agree that no Party shall use this Agreement, nor Commission acceptance or approval of it, directly or indirectly in any other proceeding, except as necessary to enforce or implement this Agreement. Nor shall Commission approval or acceptance of the Agreement be construed as an endorsement or adoption of any analysis, argument or opinion presented or used by a Party or witnesses herein in another case whether that case involves the Party or any other utility or pipeline. This Agreement represents a compromise of contested positions. Except as specifically provided in this Agreement, the Parties do not intend that this Agreement, its terms, or the methodology it employs will have any precedential effect for any other pipeline or for KBPL itself. Subject to the foregoing, this Agreement may be referenced for purposes of providing an historical explanation for regulatory purposes relating to KBPL. The Parties request that the RCA specifically state in any order approving or accepting this Agreement that such order may not be used as precedent in any other proceeding except as otherwise specifically provided in this Agreement for KBPL. Neither this Agreement, nor any materials, including, but not limited to, any agreement in principle, notes, and drafts used in furtherance of reaching this Agreement may be offered into evidence or admitted by any Party in any subsequent litigation or proceeding or used in any context whatsoever beyond the purposes of this Agreement. The Parties further agree that this Agreement does not represent in any way the position of any Party with regard to pipeline regulation. Nor does this Agreement indicate in any way the Parties agreement with any position taken by any other Party on issues that may have been or could have been raised, and by this Agreement no Party waives any argument on any issues, unless a waiver of specific issues is expressly set forth in this Agreement. Except as otherwise specifically provided herein, this Agreement also does not prevent the Parties from presenting or arguing in future cases their respective positions on issues that were raised or that might have been raised in this case.
No Precedential Effect. The Parties do not intend that this Agreement, its Term, or the methodology it employs, should have any precedential effect on tariff rate-making for any other pipeline or for any other matter not settled by this Agreement. This Agreement shall not constitute an admission by the Parties concerning any question of fact or question of law, and this Agreement does not represent in any way the position of the Parties regarding pipeline regulation in general. Further, in the event that any Transportation Rates established pursuant to this Agreement are ever challenged by any third party, nothing in this Agreement or in the OSM set forth in Article II may be relied upon or cited as evidence to establish that such Transportation Rates are excessive, discriminatory, or otherwise unlawful, or to set a new rate or rates that differ from those determined by this Agreement.
No Precedential Effect. Except as specifically provided in this Agreement, the Parties do not intend that this Agreement, its terms, or the methodology it employs will have any precedential effect for any other pipeline whatsoever, or for CIPL CIPL/CIE SETTLEMENT AGREEMENT except as expressly requested and approved or accepted by the RCA. Moreover, the Parties agree to request that the RCA specifically state in any order approving or accepting this Agreement that such order may not be used as precedent in any other proceeding except as expressly requested and approved or accepted by the RCA. Neither this Agreement, nor any materials used in furtherance of the settlement (including, but not limited to, notes and drafts), may be offered into evidence or admitted by any Party in any subsequent litigation or proceeding, or used in any context whatsoever beyond the purposes of this Agreement.
No Precedential Effect. The terms of this Settlement Agreement do not establish any precedent. The City understands and agrees that this Settlement Agreement shall not be used by it as a basis to seek or justify similar terms in any subsequent cases or administrative proceedings.
