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• <br /> 8 <br /> 4. Settlement Agreement Commitrpmgts an.d.!4npJeJneptation Ye,, ,,:I., 4,-m, ,.IV _ ,ua .,.. <br /> 4.1 Filings and Submittals Consistent with Settlement Agreement <br /> Each Party intends that,throughout the term of this Settlement Agreement,none <br /> of that Party's filings or other submittals with FERC will propose Material <br /> Modifications or otherwise be inconsistent with this Settlement Agreement,unless <br /> necessary based on material new information. Any Party who believes another <br /> Party has breached this provision must give the breaching Party Notice and a 30- <br /> day opportunity to cure the breach prior to initiating ADR under section 5 of this <br /> Settlement Agreement. <br /> If a Party files a pleading or other document before FERC or another regulatory <br /> agency advocating a Material Modification or a measure otherwise inconsistent <br /> with this Settlement Agreement,any other Party may defend by:(a)stating its <br /> opposition to the Material Modification or the measure;(b}requesting that FERC <br /> or other regulatory agency disapprove the condition or proposed amendment;and <br /> (c)explaining what other reasonable conditions should be included in and/or <br /> excluded from the Project License if the Material Modification or the measure <br /> otherwise inconsistent with this Settlement Agreement is approved. Since the <br /> Parties recognize that a dispute that results in the defense described in(c)may <br /> threaten the viability of this Settlement,the Parties affirm their commitment to <br /> make best efforts to resolve any such dispute in a timely manner to avoid such <br /> results. <br /> 4.2 Support Adoption of.License Terms and Conditions <br /> All Parties shall support,in all relevant regulatory proceedings in which they <br /> participate,incorporation of the Proposed License Articles into the Project <br /> License issued by FERC. <br /> 4.2.1 Recommendations under Section 10(a)and 10(j)and Comments filed in <br /> the Context of the Relicensing Process <br /> Recommendations under FPA Section 10(a)and 10(j)shall not contain or <br /> recommend a Material Modification. Any information,comments,or responses <br /> to comments filed in the context of the relicensing process shall not request a <br /> Material Modification. <br /> 4.2.2 Mandatory Terms and Conditions that Contain Material Modifications of <br /> the Settlement Agreement <br /> 4.2.2.1 If any of the Mandatory Terms and Conditions contain a Material <br /> Modification of this.Settlement Agreement,the Settlement <br /> Agreement shall be deemed modified to conform to the Mandatory <br /> DRAFT—CONFIDENTIAL <br /> SETTLEMENT DOCUMENT-8 <br /> 46 <br />