Recourse to Agencies or Courts of Competent Jurisdiction. Notwithstanding Section 11.2, nothing in this Agreement shall restrict the rights of a Party to file a complaint with the FERC under relevant provisions of the Federal Power Act or with the PUCO under relevant provisions of the Legal Authorities. The Parties’ agreement under this Section 11.3 is without prejudice to any Party’s right to contest jurisdiction of the FERC or PUCO to which a complaint is brought.
Recourse to Agencies or Courts of Competent Jurisdiction. Nothing in this Agreement shall restrict the rights of either Party to file a complaint with the FERC under relevant provisions of the Federal Power Act (“FPA”), with the BPU under relevant provisions of the Applicable Legal Authorities, with a New Jersey State court of competent jurisdiction, or with a federal court of competent jurisdiction situated in the State of New Jersey. The Parties’ agreement hereunder is without prejudice to any Parties’ right to contest the jurisdiction of the agency or court to which a complaint is brought. To the extent that this Agreement is deemed to be subject to FERC jurisdiction, absent the agreement of all parties to a proposed change, the standard of review for changes to any section of the Agreement specifying the rate(s) or other material economic terms and conditions agreed to by the Parties herein, whether proposed by a Party, a non-party, the BPU or FERC acting sua sponte, will be the “public interest” standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 000 X.X. 000 (1956) and
Recourse to Agencies or Courts of Competent Jurisdiction. After the requirements of Section 11.1 (Informal Resolution of Disputes) have been satisfied, all unresolved disputes, except as noted below, between the Parties shall be submitted to the appropriate authority. Nothing in this Agreement shall restrict the rights of either Party to file a complaint with the FERC under relevant provisions of the Federal Power Act (“FPA”), with the PaPUC under relevant provisions of the Applicable Legal Authorities, with a Pennsylvania State court or a federal court of competent jurisdiction and within reasonably close proximity to the Company. The Party’s agreement hereunder is without prejudice to any Party’s right to contest the jurisdiction of the agency or court to which a complaint is brought. The Parties hereby acknowledge and agree that both Parties have negotiated and entered into this Agreement and all Transactions under this Agreement freely and in good faith and that the terms of this Agreement have not been affected in any way, either directly or indirectly, by (A) any fraud, duress, unfairness, or any inequity in the relative bargaining power of the Parties or (B) any manipulation, unlawful activity, disruption, anomaly, dysfunction, or other adverse market conditions of any type or description. To the extent permitted by law and absent agreement to the contrary, each Party, for itself and its successors and assigns, hereby expressly and irrevocably waives its rights
Recourse to Agencies or Courts of Competent Jurisdiction. Nothing in this Agreement shall restrict the rights of either Party to file a complaint with the FERC under relevant provisions of the Federal Power Act (“FPA”), with the ICC under relevant provisions of the Applicable Legal Authorities, with an Illinois state court of competent jurisdiction, or with a federal court of competent jurisdiction situated in the State of Illinois. The Parties’ agreement hereunder is without prejudice to any Parties’ right to contest the subject matter jurisdiction of the agency or court to which a complaint is brought. As this is a wholesale power transaction subject to FERC jurisdiction, absent the agreement of the Companies and the BGS-FP Supplier to a proposed change to this Agreement, the Parties agree that the standard of review for any change to this Agreement, whether proposed by a Party, a non-party, the ICC or FERC acting sua sponte, will be the “public interest” standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 U.S. 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 U.S. 348 (1956). If a Party determines to file a lawsuit related to this Agreement in a court, such lawsuit may only be filed in an Illinois state court of competent jurisdiction or a federal court of competent jurisdiction situated in Illinois.
Recourse to Agencies or Courts of Competent Jurisdiction. Nothing in this Agreement shall restrict the rights of either Party to file a complaint with the FERC under relevant provisions of the Federal Power Act (“FPA”), with the Commission under relevant provisions of the Applicable Legal Authorities, with a Delaware State court or competent jurisdiction, or with a federal court of competent jurisdiction situated in the State of Delaware.
Recourse to Agencies or Courts of Competent Jurisdiction. After the requirements of Article 11.1 (Informal Resolution of Disputes) have been satisfied, all unresolved disputes, except as noted below, between the Parties shall be submitted to the appropriate authority. Nothing in this Agreement shall restrict the rights of either Party to file a complaint with the FERC under relevant provisions of the Federal Power Act (“FPA”), with the PaPUC under relevant provisions of the Applicable Legal Authorities, with a Pennsylvania State court or a federal court of competent jurisdiction and within reasonably close proximity to the Company. The Party’s agreement hereunder is without prejudice to any Party’s right to contest the jurisdiction of the agency or court to which a complaint is brought. The Parties hereby acknowledge and agree that both Parties have negotiated and entered into this Agreement freely and in good faith and that the terms of this Agreement have not been affected in any way, either directly or indirectly, by (A) any fraud, duress, unfairness, or any inequity in the relative bargaining power of the Parties or (B) any manipulation, unlawful activity, disruption, anomaly, dysfunction, or other adverse market conditions of any type or description.
Recourse to Agencies or Courts of Competent Jurisdiction. Nothing in this Agreement shall restrict the rights of either Party to file a complaint with the Board under relevant provisions of the Applicable Legal Authorities, with a New Jersey State court of competent jurisdiction, or with a federal court of competent jurisdiction situated in the State of New Jersey or to arrive at a mutual agreement to use any other acceptable means of dispute resolution; provided, however, that all disputes regarding determinations of creditworthiness under Sections 6.1 and 6.3 above, or regarding compliance with EDI standards, shall be resolved by the Board, and all concerns about billing and metering inaccuracies or irregularities shall be addressed by the Board.
Recourse to Agencies or Courts of Competent Jurisdiction. Nothing in this Agreement shall restrict the rights of either Party to file a complaint with the Commission under relevant provisions of the Applicable Legal Authorities or with a Delaware State court.
Recourse to Agencies or Courts of Competent Jurisdiction. After the condition precedent requirements of Section 11.1 (Informal Resolution of Disputes) have been satisfied, all unresolved disputes, except as noted below, between the Parties shall be submitted to the appropriate authority. as set forth in Section 16.5 of this Agreement. Nothing in this Agreement shall restrict the rights of either Party to file a complaint with the FERC under relevant provisions of the Federal Power Act (“FPA”),”) or with the PaPUC under relevant provisions of the Applicable Legal Authorities, at. The remedies in the Lehigh County Court of Common Pleas, or the Eastern District Court of Pennsylvania in Allentown subject to Section 16.5 of this Agreement. The Party’s agreement hereunder is without prejudice to any Party’s right to contest the jurisdiction of the agency or court to which a complaint is broughtFERC or the PaPUC to which a The Parties hereby acknowledge and agree that both Parties have negotiated and entered into this Agreement and all Transactions under this Agreement freely and in good faith and, both had the opportunity to have counsel review the Agreement, and agree that the terms of this Agreement have not been affected in any way, either directly or indirectly, by (A) any fraud, duress, unfairness, or any inequity in the relative bargaining power of the Parties or (B) any manipulation, unlawful activity, disruption, anomaly, dysfunction, or other adverse market conditions of any type or description. To the extent permitted by law and absent agreement to the contrary, each Party, for itself and its successors and assigns, hereby expressly and irrevocably waives its rights to argue before any governmental authority that any review, modification, or rescission of this Agreement should be considered under any standard of review other than the “public interest” standard set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 000 X.X. 000 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 000 X.X. 000 (1956), affirmed by Xxxxxx Xxxxxxx Capital Group, Inc. v. Public Utility District No. 1 of Snohomish County, Washington, et al., 000 X.X. 000 (2008) (the “Mobile-Sierra Doctrine”).
Recourse to Agencies or Courts of Competent Jurisdiction. Nothing in this Agreement shall restrict the rights of either Party to file a complaint with the FERC under relevant provisions of the Federal Power Act (“FPA”), with the ICC under relevant provisions of the Applicable Legal Authorities, with an Illinois state court of competent jurisdiction, or with a federal court of competent jurisdiction situated in the State of Illinois. The Parties’ agreement hereunder is without prejudice to any Parties’ right to contest the subject matter jurisdiction of the agency or court to which a complaint is brought. As this is a wholesale power transaction subject to FERC jurisdiction, absent the agreement of each of the Companies and the BGS-FP Supplier to a proposed change to this Agreement, the Parties agree that the standard of review for any change to this Agreement, whether proposed by a Party, a non-party, the ICC or FERC acting sua sponte, will be the
