Common use of Primary Jurisdiction Clause in Contracts

Primary Jurisdiction. This TCR Minimum Oil Burn Agreement is entered into pursuant to Section 4.1.9 of the NYISO Services Tariff and all terms and conditions of this TCR Minimum Oil Burn Agreement are entered into pursuant to the rates, terms, and conditions of the NYISO Services Tariff on file with the Commission, including the limitation of liability and indemnification provisions of the NYISO Services Tariff, except that, to the extent Section 4.1.9 of the NYISO Services Tariff may be modified prior to the Termination Date of this TCR Minimum Oil Burn Agreement, as such date may be extended by subsequent amendment or replacement, this TCR Minimum Oil Burn Agreement shall remain in full force and effect. The Parties agree that the Commission shall have primary jurisdiction over any dispute arising under this TCR Minimum Oil Burn Agreement and that they will not institute any civil action related to this TCR Minimum Oil Burn Agreement without first seeking Commission relief. The NYISO shall have no liability in excess of any amount found due and owing in a final Commission order after judicial review. Pursuant to the provisions of Section