Common use of Re-Licensing Clause in Contracts

Re-Licensing. 9.2.1 With respect to Plan Species, the Parties agree to be supportive of the District’s long-term license application(s) to the FERC filed during the term of this Agreement for the time period addressed in this Agreement, provided that the District has adhered to the terms and conditions of this Agreement, the Permit, and the FERC license provisions relating to Plan Species, as well as any future terms, conditions, and obligations agreed upon by the Parties hereto or imposed upon the District by the FERC. To the extent that the District has met such terms and conditions, the Parties agree that the District is a competent license holder with respect to its obligations to Plan Species. If the fifty (50)-year term of this Agreement will expire during a long-term license, any Party may advocate for license conditions that take effect after this Agreement expires. 9.2.2 This Agreement shall constitute the Parties’ terms, conditions and recommendations for Plan Species under Sections 10(a), 10(j) and 18 of the Federal Power Act, and the Fish and Wildlife Coordination Act, provided that, NMFS and USFWS maintain the right to reserve their authorities under Section 18 of the Federal Power Act on the condition that such reserved authority may be exercised only in the event that this Agreement terminates, provided further that, the Parties as part of their terms, conditions and recommendations under Section 10(a) of the Federal Power Act may request that Plan Species protection or mitigation measures contained in a competing license application be included as a condition of the District’s new long term license. 9.2.3 Notwithstanding Sections 9.2.2 and 9.7 “Drawdowns/Dam Removal/Non- Power Operations”, this Agreement does not limit the participation of any Party in any FERC proceeding to assert: (1) any condition for resources and other aspects of the District’s license other than for Plan Species, and (2) to assert conditions for Plan Species to implement this Agreement.

Re-Licensing. 9.2.1 9.5.1 With respect to Plan Species, the Parties agree to be supportive of the District’s long-term license application(s) to the FERC filed during the term of this the Agreement for the time period addressed in this Agreement, provided that the District has adhered to the terms and conditions of this Agreement, the Permit, and the FERC license provisions relating to Plan Species, as well as any future terms, conditions, and obligations agreed upon by the Parties hereto or imposed upon the District by the FERC. To the extent that the District has met such terms and conditions, the Parties agree that the District is a competent license holder with respect to its obligations to Plan Species. If the fifty (50)-year term of this Agreement will expire during a long-term license, any Party may advocate for license conditions that take effect after this Agreement expires. 9.2.2 9.5.2 This Agreement shall constitute the Parties’ terms, conditions and recommendations for Plan Species under Sections 10(a), 10(j) and 18 of the Federal Power Act, Act and the Fish and Wildlife Coordination Act, provided that, that NMFS and USFWS maintain the right to reserve their authorities under Section 18 of the Federal Power Act on the condition that such reserved authority may be exercised only in the event that this Agreement terminates, terminates provided further that, the Parties as part of their terms, conditions and recommendations under Section 10(a) of the Federal Power Act may request that Plan Species protection or mitigation measures Measures contained in a competing license application be included as a condition of the District’s new long long-term Project license. 9.2.3 9.5.3 Notwithstanding Sections 9.2.2 sub-Section 9.5.2 and 9.7 “sub-Section 9.10 (Drawdowns/Dam Removal/Non- Non-Power Operations”), this Agreement does not limit the participation of any Party in any FERC proceeding to assert: (1) any condition for resources and other aspects of the District’s license other than for Plan Species, and (2) to assert conditions for Plan Species to implement this Agreement.

Re-Licensing. 9.2.1 With respect to Plan Species, the Parties agree to be supportive of the District’s long-term license application(s) to the FERC filed during the term of this Agreement for the time period addressed in this Agreement, provided that the District has adhered to the terms and conditions of this Agreement, the Permit, and the FERC license provisions relating to Plan Species, as well as any future terms, conditions, and obligations agreed upon by the Parties hereto or imposed upon the District by the FERC. To the extent that the District has met such terms and conditions, the Parties agree that the District is a competent license holder with respect to its obligations to Plan Species. If the fifty (50)-year term of this Agreement will expire during a long-long term license, any Party may advocate for license conditions that take effect after this Agreement expires. 9.2.2 This Agreement shall constitute the Parties’ terms, conditions and recommendations for Plan Species under Sections 10(a), 10(j) and 18 of the Federal Power Act, and the Fish and Wildlife Coordination Act, provided that, NMFS and USFWS maintain the right to reserve their authorities under Section 18 of the Federal Power Act on the condition that such reserved authority may be exercised only in the event that this Agreement terminates, provided further that, the Parties as part of their terms, conditions and recommendations under Section 10(a) of the Federal Power Act may request that Plan Species protection or mitigation measures contained in a competing license application be included as a condition of the District’s new long term license. 9.2.3 Notwithstanding Sections 9.2.2 and 9.7 “Drawdowns/Dam Removal/Non- Power Operations”, this Agreement does not limit the participation of any Party in any FERC proceeding to assert: (1) any condition for resources and other aspects of the District’s license other than for Plan Species, and (2) to assert conditions for Plan Species to implement this Agreement.