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included within the Project License in order to satisfy the FPA. This Settlement <br /> Agreement also-enhances the mutual benefits of the Project for the`Liceitsee,-Project <br /> beneficiaries,local community,and other Parties. It also specifies the procedure to be <br /> used among the Parties to ensure that implementation of the Project License is not <br /> inconsistent with the Settlement Agreement. The Parties agree that.this Settlement <br /> Agreement is fair and reasonable,and consistent with the standards under the FPA. The <br /> Parties further agree that this Settlement Agreement provides sufficient PME measures <br /> for FERC to find a balance of beneficial uses and that the Settlement is in the public <br /> interest as required under Section 10 of the FPA. <br /> 2.2 No Precedent for Other Proceedings <br /> This Settlement Agreement is made upon the express understanding that it constitutes a <br /> negotiated resolution among the Parties. Accordingly,nothing in the Settlement <br /> Agreement shall be construed as a precedent with regard to any other.proceeding. This <br /> section shall survive any termination of this Settlement Agreement. <br /> 3. Reservation of Rights and Satisfaction of Legal Responsibilities <br /> 3.1 Reservation of Rights <br /> Nothing in this Settlement Agreement is intended to,or shall be construed to,affect or <br /> limit the authority or obligation of any Party to fulfill its constitutional,statutory,and <br /> regulatory responsibilities or to comply with any applicable judicial decision or order. <br /> Among other things,as provided in section 1.4(definition of"Material Modification"), <br /> this reservation permits a reservation of authority in a 401 Certification;provided,that <br /> each other Party reserves its right to contest the exercise of such reservation. <br /> 3.2 Water Rights <br /> Nothing in this Settlement Agreement is intended to,or shall be construed to,modify or <br /> alter any Party's existing,inchoate,reserved or aboriginal water rights,if any,or the City <br /> of Everett's pending application for the permitting of a 200 cfs water right(water right <br /> application No. 13219,dated 15 December 1954). <br /> 3.3 The Tribe's Treaty Rights <br /> Nothing in this Settlement Agreement is intended,or shall be construed,to affect the <br /> Tribe's treaty rights. <br /> Nothing in this Settlement Agreement is intended to,or shall be construed to waive, <br /> modify,alter,diminish or otherwise affect the Tribe's treaty rights,or to resolve in whole <br /> or in part any claim based on impairment or damage to the Tribe's treaty rights from past, <br /> present or future Jackson Project operations. The Tribe reserves all rights to seek relief in <br /> any forum(including FERC)to enforce or protect or redress the Tribe's treaty rights. <br /> DRAFT—CONFIDENTIAL <br /> SETTLEMENT DOCUMENT-7 <br /> 45 <br />