Use of Reopener Clause in License. Notwithstanding any other provision of this Agreement, any Party may at any time invoke or rely on any reopener clause(s) in the license for the Project in order to request the imposition by the FERC of different or modified measures for fisheries. Any provision of this Agreement that might be read to limit or preclude a Party from raising any relevant material issue of fact or law in reopening or to otherwise conflict with reopening (e.g., Sections 2.1, 2.1.1, 2.1.2, 2.1.3, 2.1.4, and 2.2.2.2) shall be inoperative to the extent of any such limitation, preclusion or conflict.
Appears in 3 contracts
Samples: Fisheries Settlement Agreement, Fisheries Settlement Agreement, Revised Fisheries Settlement Agreement
Use of Reopener Clause in License. Notwithstanding any other provision of this the Agreement, any Party party may at any time invoke or rely on any reopener clause(s) in the license for the Project in order to request the imposition by the FERC of different or modified measures for fisheriesTCP mitigation. Any provision of this Agreement agreement that might be read to limit or preclude a Party party from raising any relevant relevant, material issue of fact or law in reopening or to otherwise conflict with reopening (e.g., e.g. Sections 2.1, 2.1.1, 2.1.2, 2.1.3, 2.1.4, and 2.2.2.22.2.3.2) shall be inoperative to the extent of any such limitation, preclusion or conflict.
Appears in 1 contract
Samples: Settlement Agreement
Use of Reopener Clause in License. Notwithstanding any other provision of this the Agreement, any Party party may at any time invoke or rely on any reopener clause(s) in the license for the Project in order to request the imposition by the FERC of different or modified measures for fisheriesTCP mitigation. Any provision of this Agreement agreement that might be read to limit or preclude a Party party from raising any relevant relevant, material issue of fact or law in reopening or to otherwise conflict with reopening (e.g., Sections 2.1, 2.1.1, 2.1.2, 2.1.3, 2.1.4, and 2.2.2.22.2.3.2) shall be inoperative to the extent of any such limitation, preclusion or conflict.
Appears in 1 contract
Samples: Settlement Agreement