2009/03/11 Council Agenda Packet

3 11. A Participant's failure to abide by this Agreement shall be grounds for other Participants to withdraw from negotiations or to continue negotiations only with other Participants abiding by this Agreement. 12. A Participant's remedies for a violation of this Agreement include, but are not limited to: (i) withdrawal from negotiations; (ii) continued negotiation with complying Participants; or(iii) enforcement of non-admissibility of Confidential Information in accordance with this Agreement and applicable law. 13. Any Participant may withdraw from this Agreement after permanently withdrawing from the Jackson Hydroelectric License Settlement Negotiations Working Group as provided for in the Ground Rules. 14. This Agreement shall remain in effect until the Participants reach settlement or negotiations otherwise terminate. Withdrawal of one or more of the Participants does not terminate this Agreement for the remaining Participants. The confidentiality provisions of this Agreement shall survive termination of this Agreement and remain binding on any Participant withdrawing from negotiations until after the date when FERC's order on reliceinsing, the Washington State Section 401 Clean Water Act certification for the relicensing, and all other permits and regulatory approvals necessary for the relicensing become final and non-appealable. 15. Nothing in this Agreement shall be construed to waive the sovereign immunity of any Participant. 16. This Agreement may be amended upon consensus and signature of the Participants. 17. This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement, and shall become effective when one or more counterparts have been signed by an authorized representative for each of the Participants and delivered to an authorized representative for the other Participants. 18. Each signatory represents that he or she has authority to execute this Agreement on behalf of the represented Participant. 10 4