Settlement Discussions. The Parties agree that no statements of position or offers of settlement made in the course of the dispute process described in this Section 11 will be offered into evidence for any purpose in any litigation or arbitration between the Parties, nor will any such statements or offers of settlement be used in any manner against either Party in any such litigation or arbitration. Further, no such statements or offers of settlement shall constitute an admission or waiver of rights by either Party in connection with any such litigation or arbitration. At the request of either Party, any such statements and offers of settlement, and all copies thereof, shall be promptly returned to the Party providing the same.
Appears in 3 contracts
Samples: Power Sales Agreement (Aquila Inc), Power Sales Agreement (Aquila Inc), Power Purchase Agreement (Edison Mission Energy)
Settlement Discussions. The Parties agree that no statements of ---------------------- position or offers of settlement made in the course of the dispute process described in this Section 11 will be offered into evidence for any purpose in any litigation or arbitration between the Parties, nor will any such statements or offers of settlement be used in any manner against either Party in any such litigation or arbitration. Further, no such statements or offers of settlement shall constitute an admission or waiver of rights by either Party in connection with any such litigation or arbitration. At the request of either Party, any such statements and offers of settlement, and all copies thereof, shall be promptly returned to the Party providing the same.
Appears in 2 contracts
Samples: Power Sales Agreement (Dominion Resources Inc /Va/), Power Sales Agreement (Dominion Resources Inc /Va/)
Settlement Discussions. The Parties agree that no statements of position or offers of settlement made in the course of the dispute process described in this Section 11 13.1 above will be offered into evidence for any purpose in any litigation or arbitration between the Parties, nor will any such statements or offers of settlement be used in any manner against either Party in any such litigation or arbitration. Further, no such statements or offers of settlement shall constitute an admission or waiver of rights by either Party in connection with any such litigation or arbitration. At the request of either Party, any such statements and offers of settlement, and all copies thereof, shall be promptly returned to the Party providing the same.
Appears in 2 contracts
Samples: Credits Sale and Purchase Agreement, Credits Sale and Purchase Agreement
Settlement Discussions. The Parties parties agree that no statements of position or offers of settlement made in the course of the dispute process described in this Section 11 Article 12 above will be offered into evidence for any purpose in any litigation or arbitration between the Partiesparties, nor will any such statements or offers of settlement be used in any manner against either Party party in any such litigation or arbitration. Further, no such statements or offers of settlement shall constitute an admission or waiver of rights by either Party party in connection with any such litigation or arbitration. At the request of either Partyparty, any such statements and offers of settlement, and all copies thereof, shall be promptly returned to the Party party providing the same.
Appears in 2 contracts
Samples: Energy Management Services Agreement (First Wind Holdings Inc.), Energy Management Services Agreement (First Wind Holdings Inc.)
Settlement Discussions. The Parties agree that no statements of position or offers of settlement made in the course of the dispute process described in this Section 11 16 will be offered into evidence for any purpose in any litigation or arbitration between the Parties, nor will any such statements or offers of settlement be used in any manner against either Party in any such litigation or arbitration. Further, no such statements or offers of settlement shall constitute an admission or waiver of rights by either Party in connection with any such litigation or arbitration. At the request of either Party, any such statements and offers of settlement, and all copies thereof, shall be promptly returned to the Party providing the same.
Appears in 2 contracts
Samples: Power Purchase Agreement (Exelon Corp), Power Purchase Agreement (Exelon Generation Co LLC)
Settlement Discussions. The Parties agree that no statements of position or offers of settlement made in the course of the dispute process described in this Section 11 13.1 above will be offered into evidence for any purpose in any litigation or arbitration between the Parties, nor will any such statements or offers of settlement be used in any manner against either Party in any such litigation or arbitration. Further, no such statements or offers of settlement shall constitute an admission or waiver of rights by either Party in connection with any such litigation or arbitration. At the request of either Party, any such statements and offers of settlement, and all copies thereof, shall be promptly returned to the Party providing the same.same.β
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Energy Credits Purchase and Sale Agreement
Settlement Discussions. The Parties agree that no statements of position or offers of settlement made in the course of the dispute Dispute process described in this Section 11 Article 14 will be offered into evidence for any purpose in any litigation or arbitration between the Parties, nor will any such statements or offers of settlement be used in any manner against either Party in any such litigation or arbitration. Further, no such statements or offers of settlement shall constitute an admission or waiver of rights by either Party in connection with any such litigation or arbitration. At the request of either Party, any such statements and offers of settlement, and all copies thereof, shall be promptly returned to the Party providing the same.
Appears in 1 contract
Samples: Power Purchase Agreement (Chugach Electric Association Inc)
Settlement Discussions. The Parties agree that no statements of position or offers of settlement made in the course of the dispute process described in this Section 11 will be offered into evidence for any purpose in any litigation or arbitration between the Parties, nor will any such statements or offers of settlement be used in any manner against either Party in any such litigation or arbitrationlitigation. Further, no such statements or offers of settlement shall constitute an admission or waiver of rights by either Party in connection with any such litigation or arbitrationlitigation. At the request of either Party, any such statements and offers of settlement, and all copies thereof, shall be promptly returned to the Party providing the same.
Appears in 1 contract
Samples: Power Purchase Agreement
Settlement Discussions. The Parties agree that no No statements of position or offers of settlement made in the course of the dispute resolution process described in this Section 11 will be offered into evidence for any purpose in any litigation or arbitration between the Parties, nor will any such statements or offers of settlement be used in any manner against either Party in any such litigation or arbitration. Further, no such statements or offers of settlement shall constitute an admission or waiver of rights by either Party in connection with any such litigation or arbitration. At the request of either Party, any such statements and offers of settlement, and all copies thereof, shall be promptly returned to the Party providing the same.
Appears in 1 contract
Samples: Power Purchase Agreement
Settlement Discussions. The Parties agree that no statements of position or offers of settlement made in the course of the dispute process described in this Section 11 will be offered into evidence for any purpose in any litigation or arbitration between the Parties, nor will any such statements or offers of settlement be used in any manner against either Party in any such litigation or arbitration. Further, no such statements or offers of settlement shall constitute an admission or waiver of rights by either Party in connection with any such litigation or arbitration. At the request of either Party, any such written statements and offers of settlement, and all copies thereof, shall be promptly returned to the Party providing the same.
Appears in 1 contract
Samples: Peaking Units Power Purchase Agreement (Edison Mission Energy)
Settlement Discussions. The Parties agree that no statements of ---------------------- position or offers of settlement made in the course of the dispute process described in this Section 11 above will be offered into evidence for any purpose in any litigation or arbitration between the Parties, nor will any such statements or offers of settlement be used in any manner against either Party in any such litigation or arbitration. Further, no such statements or offers of settlement shall constitute an admission or waiver of rights by either Party in connection with any such litigation or arbitration. At the request of either Party, any such statements and offers of settlement, and all copies thereof, shall be promptly returned to the Party providing the same.
Appears in 1 contract
Samples: Power Sales Agreement (Dominion Resources Inc /Va/)