REGULATORY JURISDICTION. If a party fails to invoke regulatory jurisdiction of a dispute involving matters subject to FERC or state regulatory jurisdiction within 60 days in accordance with Section 4.1 of this Exhibit, the party shall be deemed to have waived its right to invoke such jurisdiction; provided, however, that this waiver only applies to the party and does not affect any right that the FERC or state regulatory authority may have to act on its own. If such party nonetheless invokes FERC or applicable state regulatory jurisdiction following the arbitration proceedings provided for herein, that party shall be responsible for all attorneys’ fees incurred by other parties to the dispute and the Company, whether or not the FERC or state regulatory authority concludes that such party has waived its right to invoke FERC or state regulatory jurisdiction.
Appears in 2 contracts
Samples: Operating Agreement, Exchange Agreement
REGULATORY JURISDICTION. If a party fails to invoke regulatory jurisdiction of a dispute involving matters subject to FERC or state regulatory jurisdiction within 60 days in accordance with Section 4.1 of this Exhibit, the party shall be deemed to have waived its right to invoke such jurisdiction; provided, however, that this waiver only applies to the party and does not affect any right that the FERC or state regulatory authority may have to act on its own. If such party nonetheless invokes FERC or applicable state regulatory jurisdiction following the arbitration proceedings provided for herein, that party shall be responsible for all attorneys’ ' fees incurred by other parties to the dispute and the Company, whether or not the FERC or state regulatory authority concludes that such party has waived its right to invoke FERC or state regulatory jurisdiction.
Appears in 2 contracts
Samples: Operating Agreement (Wisconsin Public Service Corp), Operating Agreement (Alliant Energy Corp)
REGULATORY JURISDICTION. If a party Party fails to invoke regulatory jurisdiction of a dispute involving matters subject to FERC or state regulatory jurisdiction within 60 days in accordance with Section 4.1 1.2 of this Exhibit, the party Party shall be deemed to have waived its right to invoke such jurisdiction; provided, however, that this waiver only applies to the party Party and does not affect any right that the FERC or state regulatory authority may have to act on its own. If such party Party nonetheless invokes FERC or applicable state regulatory jurisdiction following the arbitration proceedings provided for herein, that party Party shall be responsible for all attorneys’ fees incurred by other parties to the dispute and the CompanyDispute, whether or not the FERC or state regulatory authority concludes that such party Party has waived its right to invoke FERC or state regulatory jurisdiction.
Appears in 1 contract
Samples: Distribution Transmission Interconnection Agreement (ITC Holdings Corp.)
REGULATORY JURISDICTION. If a party fails to invoke regulatory jurisdiction of a dispute involving matters subject to FERC or state regulatory jurisdiction within 60 days in accordance with Section 4.1 4.2 of this Exhibit, the party shall be deemed to have waived its right to invoke such jurisdiction; provided, however, that this waiver only applies to the party and does not affect any right that the FERC or state regulatory authority may have to act on its own. If such party nonetheless invokes FERC or applicable state regulatory jurisdiction following the arbitration proceedings provided for herein, that party shall be responsible for all attorneys’ ' fees incurred by other parties to the dispute and the Company, whether or not the FERC or state regulatory authority concludes that such party has waived its right to invoke FERC or state regulatory jurisdiction.
Appears in 1 contract
Samples: Interconnection Agreement (Wisconsin Power & Light Co)
REGULATORY JURISDICTION. 9-4 If a party Party fails to invoke regulatory jurisdiction of a dispute involving matters subject to FERC or state regulatory jurisdiction within 60 days in accordance with Section 4.1 1.2 of this Exhibit, the party Party shall be deemed to have waived its right to invoke such jurisdiction; provided, however, that this waiver only applies to the party Party and does not affect any right that the FERC or state regulatory authority may have to act on its own. If such party Party nonetheless invokes FERC or applicable state regulatory jurisdiction following the arbitration proceedings provided for herein, that party Party shall be responsible for all attorneys’ fees incurred by other parties to the dispute and the CompanyDispute, whether or not the FERC or state regulatory authority concludes that such party Party has waived its right to invoke FERC or state regulatory jurisdiction.. Reserved
Appears in 1 contract
Samples: Distribution Transmission Interconnection Agreement (ITC Holdings Corp.)