Common use of Release, Satisfaction and Covenant Not to Sue Clause in Contracts

Release, Satisfaction and Covenant Not to Sue. 9.4.1 The Parties, within the limits of their authority, shall from the date of construction of the Project to the effective date of this Agreement, release, waive, discharge the District and the District’s predecessors, commissioners, agents, representatives, employees, and signatory power purchasers from any and all claims, demands, obligations, promises, liabilities, actions, damages and causes of action of any kind concerning impacts of the Project on Plan Species except for the obligation to provide compensation for original construction impacts of the Project implemented through the hatchery component of this Agreement. This release, waiver, and discharge shall not transfer any of the above listed District liabilities or obligation to any other entity. 9.4.2 Provided that the District is in full compliance with its Permit, this Agreement, and its FERC project license provisions relating to Plan Species, each Party agrees not to institute any action under the ESA, the Federal Power Act, the Fish and Wildlife Coordination Act, the Pacific Northwest Electric Power Planning and Conservation Act and the Essential Fish Habitat provisions of the Xxxxxxxx-Xxxxxxx Fishery Conservation and Management Act against the District and its signatory Power Purchasers related to impacts of the Project on Plan Species from the date this Agreement becomes effective through the date this Agreement terminates. 9.4.3 Termination of this Agreement or withdrawal of a Party shall have no effect upon the release provided for in sub-Section 9.4.1. 9.4.4 This Agreement does not affect, limit or address the imposition of annual charges under the Federal Power Act, or the right of any party in any proceeding or forum to request annual charges.

Release, Satisfaction and Covenant Not to Sue. 9.4.1 9.1.1 The Parties, within the limits of their authority, shall from the date of construction of the Project to the effective date Effective Date of this Agreement, release, waive, discharge the District and the District’s predecessors, commissioners, agents, representatives, employees, and signatory power purchasers from any and all claims, demands, obligations, promises, liabilities, actions, damages and causes of action of any kind concerning impacts impact of the Project on Plan Species except for the obligation to provide compensation for original construction impacts of the Project implemented through the hatchery component of this Agreement. This release, waiver, and discharge shall not transfer any of the above listed District liabilities or obligation obligations to any other entity. 9.4.2 9.1.2 Provided that the District is in full compliance with its Permit, this Agreement, and its FERC project license provisions relating to Plan Species, each Party agrees not to institute any action under the ESA, the Federal Power Act, the Fish and Wildlife Coordination Act, the Pacific Northwest Electric Power Planning and Conservation Act and the Essential Fish Habitat provisions of the Xxxxxxxx-Xxxxxxx Fishery Conservation and Management Act against the District and its signatory Power Purchasers power purchasers related to impacts of the Project on Plan Species from the date this Agreement becomes effective through the date this Agreement terminates. 9.4.3 9.1.3 Termination of this Agreement or withdrawal of a Party shall have no effect upon the release provided for in sub-Section 9.4.19.1.1. 9.4.4 9.1.4 This Agreement does not affect, limit or address the imposition of annual charges under the Federal Power Act, or the right of any party in any proceeding or forum to request annual charges.