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Q <br /> V <br /> Terms and Conditions unless a Party provides Notice to the other <br /> Parties that it objects and initiates ADRii ider secttcni 5Ofthis <br /> Agreement within thirty(30)days after the term or condition is <br /> filed with FERC. This section does not limit a Party from <br /> asserting any administrative or judicial claims,if necessary to meet <br /> a filing deadline,or limit any other Party from timely asserting any <br /> defenses to such claims. <br /> 4.2.2.2 A Disputing Party may,in addition and to the extent provided by <br /> applicable law,seek administrative and/or judicial review of any <br /> Mandatory Term and Condition that contains a Material <br /> Modification of this Settlement Agreement. The Parties shall <br /> follow the ADR process set forth in section 5 of this Settlement <br /> Agreement to the extent reasonably practicable,in order to <br /> consider modification of this Settlement Agreement,while such <br /> administrative or judicial review is pursued. If the Parties <br /> subsequently agree to modify this Settlement Agreement to <br /> conform to the inconsistent provision,the Disputing Party or <br /> Parties shall withdraw or dismiss any administrative or judicial <br /> action,or recommend such withdrawal or dismissal,as <br /> appropriate. <br /> 4.2.2.3 Except as provided in section 4.6.2.2 for omissions based on <br /> jurisdiction or if this Settlement is terminated pursuant to section 6 <br /> herein,if any of the final Mandatory Terms and Conditions contain <br /> a Material Modification after a final and non-appealable <br /> administrative or judicial decision,this Settlement shall be deemed <br /> modified to conform to that decision. <br /> 4.2.3 Proceedings under the Energy Policy Act of 2005 <br /> Regarding any of the Mandatory Terms and Conditions filed with FERC in this <br /> license proceeding that do not contain a Material Modification of the Settlement <br /> Agreement,each Party waives any right it may have to request an agency trial- <br /> type hearing on issues of material fact under Sections 4(e)and 18 of the FPA and <br /> to propose alternatives under Section 33 of the FPA. Under the foregoing <br /> circumstances,the Parties shall not support any trial-type hearing requested by <br /> any non-Party and will support USFS,FWS,and NMFS,as appropriate,if a trial- <br /> type hearing is requested by any non-Party. If a non-Party requests a trial-type <br /> hearing,the Parties may intervene to support this Settlement Agreement,and <br /> USFS,FWS,and NMFS shall use good faith efforts to defend its challenged <br /> Mandatory Terms and Conditions. Notwithstanding the above,regarding any of <br /> the Mandatory Terms and Conditions filed with FERC in this license proceeding <br /> that do contain a Material Modification of the Settlement Agreement,each Party <br /> reserves any rights to challenge the Mandatory Terms and Conditions or request <br /> DRAFT—CONFIDENTIAL <br /> SETTLEMENT DOCUMENT-9 <br /> 47 <br />