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8 <br /> 4.5.2.2 If any Section 401 Certification or CZMA Consistency <br /> Dete hination contains'a Material Ivfodilicalion o'this Settlement <br /> Agreement,this Settlement Agreement shall be deemed modified <br /> to conform to the provisions of the Certification or Consistency <br /> Determination,unless a Party provides Notice to the other Parties <br /> that it objects and initiates ADR under section 5 of this Settlement <br /> Agreement within thirty(30)days after the Certification or <br /> Consistency Determination is filed with FERC. Dispute resolution <br /> will consider modifications to the Settlement Agreement,not the <br /> disputed Section 401 Certification or CZMA Consistency <br /> Determination. WDOE shall not be required to participate in such <br /> dispute resolution. If any Section 401 Certification or CZMA <br /> Consistency Determination contains a Material Modification of <br /> this Settlement Agreement,a Party may withdraw from this <br /> Settlement after the Parties comply with the ADR process in <br /> section 5 of this Agreement. <br /> 4.5.2.3 A Disputing Party may,in addition and to the extent provided by <br /> applicable law,seek administrative and/or judicial review of <br /> (i)any denial with prejudice of a Licensee request for Section 401 <br /> Certification or CZMA Consistency Determination or(ii)any <br /> Section 401 Certification or CZMA Consistency Determination <br /> that contains a Material Modification of this Settlement <br /> Agreement. The Parties shall follow the ADR process set forth in <br /> section 5 of this Settlement Agreement to the extent reasonably <br /> practicable,in order to consider modification of this Settlement <br /> Agreement,while such administrative or judicial review is <br /> pursued. WDOE shall not be required to participate in such <br /> dispute resolution. If all Parties subsequently agree to modify this <br /> Settlement Agreement to conform to the inconsistent provision,the <br /> Disputing Party or Parties shall withdraw or dismiss any <br /> administrative or judicial action,or recommend such withdrawal or <br /> dismissal,as appropriate. <br /> 4.5.2.4 Unless this Settlement is terminated pursuant to section 6 herein,if <br /> the final Section 401 Certification or CZMA Consistency <br /> Determination contains a Material Modification of this Settlement <br /> Agreement after a final and non-appealable administrative or <br /> judicial decision,this Settlement shall be-deemed modified to <br /> conform to that decision. <br /> 4.6 Project License <br /> 4.6.1 Project License that Does Not Materially Modify the Settlement <br /> Agreement <br /> DRAFT—CONFIDENTIAL <br /> SETTLEMENT DOCUMENT-13 <br /> 51 <br />